An inebriated 49-year-old artist was recently busted for drawing a smiley face at an L train stop. Well that certainly isn't the way you want to go down the night before your big gallery opening! The NY Post reports that the Japanese pop artist Yoshitomo Nara was caught red handed at 3:30 a.m. on Feb. 27th, putting Sharpie to brick (which has since been cleaned, but some say would have been worth around $10K).

Nara was charged with resisting arrest, making graffiti, criminal mischief, possession of graffiti tools and damaging property—but those charges will be dropped if he does not get in legal trouble for a year. The other bright side: He told Art in America that he looks at his time behind bars as "a nice experience in my life," encountering people he wouldn't have otherwise, "Like in the movies."

Nara's lawyer, who said his client had been working all day on the gallery exhibit and had some drinks, also expressed the artist's remorse, "The guy was in the subway. He had a few drinks and drew a little smiley face. He was wrong. He took his lumps. He spent a night in jail. He has respect for the police and the legal system.... This guy is a positive, upbeat guy. He felt that it was an experience he should learn from." Nara's exhibit is on view at Boesky through March 28th, and his show at the Asia Society will open in September 2010.