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CHP: Payton failed alcohol sobriety test

LOS ANGELES -- Gary Payton was arrested last month for
investigation of driving under the influence, the California
Highway Patrol said Thursday.

Payton was stopped Aug. 28 after an officer saw him
backing down an on-ramp on the San Diego Freeway to avoid heavy
traffic caused by an accident, the CHP said.

Payton failed an alcohol sobriety test and was taken to the West
Los Angeles Police Department, CHP officials said. He also was
cited for unsafe backing and was released after a chemical test at
the station. He is to appear in court Oct. 15.

The 36-year-old guard was traded from the Lakers to the Boston Celtics last month. He has threatened to retire rather than play for the Celtics.

Last year, Payton was charged with assault stemming from a fight
outside a Toronto club in April 2003. A trial is pending. Payton
was with the Milwaukee Bucks at the time.