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New York City police charge reality TV star with drunk driving

Police in New York City have reported that reality television star Buddy Valastro was taken into custody in the early morning hours of Nov. 13 on suspicion of driving under the influence of alcohol. Valastro did not enter a plea to drunk driving charges at an arraignment hearing later in the day, and he was subsequently released. The New Jersey resident shot to fame as the star of the reality television show 'Cake Boss," which follows events at his Hoboken bakery.

According to an NYPD report, the television star's sports car was pulled over by officers after it was observed being driven erratically in Manhattans Hell's Kitchen neighborhood at approximately 12:30 a.m. Officers say that the yellow Chevrolet Corvette was weaving between traffic lanes near 10th Avenue.

Officers say that Valastro's face was flushed and his eyes bloodshot when they approached the car, and they added that the television star was unsteady on his feet when he was asked to exit the vehicle. Valastro allegedly admitted to officers that he had been drinking, and he is said to have attempted to use his celebrity status to avoid charges. He was taken into custody after officers say that a breath test determined that his blood alcohol level was .09 percent.

A criminal defense attorney may question several aspects of a prosecutor's case when presented with facts like these. The probable cause for the traffic stop could be scrutinized, and the results of the breath test may be questioned. These tests may be unreliable in certain situations, and this is particularly true when the resulting blood alcohol level is close to New York's .08 percent legal limit. An attorney could also seek to have drunk driving charges reduced in situations where no accident occurred and no injuries were suffered.

Source: NBC New York, 'TLC's "Cake Boss" Arrested on DWI Charges in Manhattan: NYPD", Sheldon Dutes, Nov. 14, 2014

Source: myFOXny.com, "'Cake Boss' released after DWI arrest", November 14, 2014

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

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