Gary Payton was arrested after failing an on-site field sobriety test on the San Diego Freeway near Brentwood in the early hours of August the 28th.  After being sited for Driving Under the Influence and unsafe backing he was released into the custody of his wife Monique.

Payton is scheduled to appear at the downtown Los Angeles court on Oct. 15th, less than two weeks after the Celtics training camp is set to begin.  Whether he will be in Boston is another mystery as the aging star has threatened to retire if he is forced to play for the Celtics.  

This new development comes at a time in which Payton is still waiting to stand trial for his role in an alleged altercation outside a Toronto club in April 2003.