Matthew Barnaby Arrested For DWI

December 5, 2011 Updated Dec 6, 2011 at 12:39 AM EDT

By WKBW News

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December 5, 2011 Updated Dec 6, 2011 at 12:39 AM EDT

CLARENCE, NY (WKBW) When he played for the Buffalo Sabres, Matthew Barnaby was known for his "bad boy" reputation on the ice. Now he has a criminal record to go along with that reputation, after his second arrest this year.

At around three o'clock Monday morning, someone noticed a Porsche SUV driving down Transit Road, on three tires. Sparks were flying as the vehicle drove erratically down the road, according to authorities. Police caught up with the driver on Dana Marie Parkway in Clarence. They say the driver was Matthew Barnaby.

"The vehicle was missing the driver's side front tire and that there was extensive damage to the front of the vehicle," Captain Ron Kenyon of the Erie County Sheriffs Department said.

Police say Barnaby failed field sobriety tests, refused a breathalyzer test, and was arrested.

"He was charged with driving while intoxicated, which is a misdemeanor," Captain Kenyon said, "Refusing to take a chemical test, the unsafe tires, and leaving the scene of a property damage accident."

Barnaby's car was impounded at Becker's Towing in Clarence, but our cameras were not allowed to see the vehicle or any of the damage. And despite the severity of the alleged crime, authorities say this was standard procedure for a DWI arrest.

This isn't Barnaby's first run-in with the law. Over the summer, Barnaby was arrested and charged with threatening his estranged wife's friend, and of trying to kick down the door of his wife's home in Getzville. He pled not guilty and was sentenced to community service.

But the trouble for the former Sabres star doesn't end there. The harassment charges from May were scheduled to be dismissed because of a legal action called an ACD. That is, if Barnaby stayed out of trouble for a year. After the most recent arrest, now Erie County District Attorney Frank Sedita says those charges could come back into play, and Barnaby could now face multiple misdemeanors.

So far, no court date has been set.

Eyewitness News received this release early Monday morning:

Erie County Sheriff Timothy B. Howard reports a DWI arrest made by Erie County Sheriff’s Office Road Patrols on Sunday.

CLARENCE, NY ( release ) Erie County Sheriff's Deputies Gene Nati and Brandon Stott responded to a 911 call of an SUV driving erratically without a front tire.

This led to the discovery of a Black Porche Cayenne driving on the rim causing sparks. The vehicle had significant front end damage and was missing the driver’s side front tire. Deputy Nati initiated a stop of the vehicle.

The driver, Matthew T. Barnaby (38) of Clarence, was asked to perform some Standard Field Sobriety Tests. After failing multiple tests Mr. Barnaby was taken into custody for Driving While Intoxicated. Mr. Barnaby refused a breath test.

As a result of the refusal the deputies completed the New York State Department of Motor Vehicles form to initiate immediate revocation of Mr. Barnaby’s license. After processing he was released to the custody of his attorney’s with appearance tickets returnable to Town of Clarence Court.