Tracy Morgan's DWI Rerun

Tue., Nov. 28, 2006 2:33 PM PST by Josh Grossberg

At this point, his TV series is struggling to make it to syndication, but unfortunately for Tracy Morgan, his personal life has already started airing reruns.

For the second time in less than a year, the 30 Rock star has been taken in on drunk-driving charges.

The latest incident occurred early Tuesday, when police pulled him over for driving erratically on Manhattan's Henry Hudson Parkway at 158th Street, said a spokesman for the New York Police Department.

"He was pulled over based on officers' observations," Sgt. Carlos Nieves told E! Online.

Nieves said officers stopped the 38-year-old actor at approximately 4:25 a.m. and detected alcohol on his breath. Morgan reportedly told the police he had had some beers at a club earlier that night before being taken into custody and transferred to the 28th Precinct, where he registered a 0.10 on the Breathalyzer. (The state legal limit is 0.08.)

Nieves said Morgan was booked on one count of operating a motor vehicle while intoxicated and one count of operating a motor vehicle while impaired by alcohol—both misdemeanors. He was also slapped with a reckless driving count.

The comic actor was arraigned later Tuesday and released without having to post bail. However, Manhattan Criminal Court Judge Matthew F. Cooper ordered Morgan to surrender his driver's license.

During the hearing, Morgan's attorney, Sheryl Reich, turned down a plea deal suggested by prosecutors that would have seen her client perform five days of community service, enroll in a DWI program and pay an estimated $1,000 fine. Morgan remained mum during his appearance and refused to talk to reporters afterwards.

The judge set the next court date for Jan. 4. If convicted on all counts, Morgan could face up to a year in prison. The Saturday Night Live alum's publicist could not be reached for comment.

Last December, the performer was busted in Hollywood on similar charges after LAPD officers pulled him over for speeding, and he allegedly had a blood-alcohol level of 0.13. He eventually pleaded no contest to misdemeanor drunk driving and was sentenced to 36 months' probation, fined $400 and ordered to take alcohol-education classes.

Morgan ended his seven-year SNL run last season and went on to star in the now-defunct The Tracy Morgan Show. Following that series' cancellation, he joined Alec Baldwin and fellow SNL alum Tina Fey on NBC's 30 Rock, a parody of sketch comedy programs created by Fey. The show has struggled in the ratings since its launch and failed to show much improvement after a recent move from Wednesdays to Thursdays.