News: Fox: Tony Romo arrested in Milwaukee for OWI

[Reid1boys]

Not sure what bodycam video some of you guys are watching, but he looks pretty buzzed to me. I defended at least 200 of such cases over 30+ years, and it doesn't take very long at all to get to a 0.08 BAC...in other words, you don't have to be stumbling drunk. In the event of a breathalyzer test refusal (which triggers an automatic license suspension in Wisconsin and any others with whom that state which may share driver information), officers can still proceed with an arrest based on other evidence (odor of alcohol, physical appearance, failure of field sobriety tests, etc.). As for the handcuffs, that's SOP...no matter who you are.

For a guy in Tony's position, with the means to easily arrange for alternate transportation after time spent at the 19th-hole or wherever, there really isn't any excuse for getting behind the wheel. Very unfortunate mistake; we've all made them in life.

He's entitled to a presumption of innocence, and we'll see where the case goes? He'll certainly have first-rate representation. Just glad no accident was involved.

agree with all you said. Most of us have done what Tony did. Mistake, have your lawyer get you the best deal possible, move on, live life.

 

[Reid1boys]

Why would his lawyer advise him to not take that test? Seems like none of this happens if he takes it…

because you have little to gain. Arrested means nothing. You doint win on the streets. You win in court.

 

[Tabascocat]

If the officer tells you he smells alcohol......what do you think is going to happen following this advice?

You shut up and accept the cuffs. There is no reason to give them any ammo.

 

[Hawkeye0202]

smelled alcohol is out of the cop playbook. Along with slurred speech and glassy eyes... all subjective crap. I just saw him taking the tests. He didnt refuse anything.

You saw him take the breathalyzer test?

Remember, this test is also used to determine if one's alcohol consumption is over the legal thresholds according to state law.

 

[triplets_93]

Not sure what bodycam video some of you guys are watching, but he looks pretty buzzed to me. I defended at least 200 of such cases over 30+ years, and it doesn't take very long at all to get to a 0.08 BAC...in other words, you don't have to be stumbling drunk. In the event of a breathalyzer test refusal (which triggers an automatic license suspension in Wisconsin and any others with whom that state which may share driver information), officers can still proceed with an arrest based on other evidence (odor of alcohol, physical appearance, failure of field sobriety tests, etc.). As for the handcuffs, that's SOP...no matter who you are.

For a guy in Tony's position, with the means to easily arrange for alternate transportation after time spent at the 19th-hole or wherever, there really isn't any excuse for getting behind the wheel. Very unfortunate mistake; we've all made them in life.

He's entitled to a presumption of innocence, and we'll see where the case goes? He'll certainly have first-rate representation. Just glad no accident was involved.

Tony, after submitting his DL, could have told the Officer, that he will not speak further until his lawyer is present.
Then, Tony gets arrested, and then his lawyer arrives, and things move on from there.

People on the internet are freaking out that Tony's request to call his lawyer at the stop was refused, as if his Constitutional rights were violated at that moment. . .

 

[ShortRound]

Bah doesn’t look too bad. Let him free. Lol

 

[DuncanIso]

 

[Kwyn]

If the officer tells you he smells alcohol......what do you think is going to happen following this advice?

It doesn’t matter what you say.

They aren’t asking you questions to determine if you are impaired. They are asking you questions in the hope that you will incriminate yourself.

Even the small talk that police do in.a traffic stop is intended to get you talking on body cam so it can be used against you, Every word, sigh, gesture or movement can be interpreted by a prosecutor as impairment.

As soon as they ask you the question, you’re already going to jail.

 

[Hawkeye0202]

You shut up and accept the cuffs. There is no reason to give them any ammo.

Exactly........there is no way in hell any officer is going to let you walk if he/she smells alcohol AND you refuse to test. Something else no one mentioned........most, if not all, officers make immediate contact with their supervisors after a traffic stop, who provide backup and/or additional support. In other words, it's highly unlikely that only one officer was involved in Romo's traffic stop.

 

[DuncanIso]

Ridiculous

 

[Kwyn]

You saw him take the breathalyzer test?

Remember, this test is also used to determine if one's alcohol consumption is over the legal thresholds according to state law.

You can be convicted of DUI even if you blow 0.000 and a blood test shows no alcohol or drugs in your system.

 

[triplets_93]

Ridiculous

He looks Guilty.

Book 'em Dano !!

 

[Hawkeye0202]

It doesn’t matter what you say.

They aren’t asking you questions to determine if you are impaired. They are asking you questions in the hope that you will incriminate yourself.

Even the small talk that police do in.a traffic stop is intended to get you talking on body cam so it can be used against you, Every word, sigh, gesture or movement can be interpreted by a prosecutor as impairment.

As soon as they ask you the question, you’re already going to jail.

I understand exactly what you are saying from a legal standpoint. But I'm asking what you think the outcome will be during the traffic stop following your advice?

Remember, the issue is whether or not Romo should have been arrested

 

[DuncanIso]

You can’t make this up….

 

[triplets_93]

You can be convicted of DUI even if you blow 0.000 and a blood test shows no alcohol or drugs in your system.

If you are operating a motor vehicle, and you're so tried and groggy you can barely stay awake, you have qualified for an offense.

 

[DuncanIso]

 

[Hawkeye0202]

You can be convicted of DUI even if you blow 0.000 and a blood test shows no alcohol or drugs in your system.

Here's what I'm saying K.........any refusal to cooperate with an officer and likely his supervisor during a routine traffic stop is inviting more trouble..........especially if he/she thinks you are impaired. You are not going to win that battle ( you will be arrested ). Now I agree 100% you could win in court.

 

[Hawkeye0202]

You can’t make this up….

Once he made this decision ...........it became him vs the entire police force.

 

[Kwyn]

I understand exactly what you are saying from a legal standpoint. But I'm asking what you think the outcome will be during the traffic stop following your advice?

Remember, the issue is whether or not Romo should have been arrested

I thought I answered. He was going to jail as soon as she made contact and said he was coming from the golf course.

You can’t “comply” your way out of a DUI arrest. Police can and do make arrests that they know won’t result in conviction.

 

[Kwyn]

If you are operating a motor vehicle, and you're so tried and groggy you can barely stay awake, you have qualified for an offense.

Again, probable cause is an incredibly subjective line and

The threshold for a DUI conviction isn’t that you’ used drugs or alcohol. It’s if the office perceived the defendant having a “loss of normal facilities”.

You can also be convicted of DUI if the officer perceives you to be under the influence of an “undetectable substance”

People are trying to apply common sense to a situation that sometimes doesn’t make sense at all.

Are most arrestees impaired? Of course there are and they should face the consequences of their actions.

But there are also people who are completely innocent who get convicted.

Bottom line is that subjective officer testimony legaltv outweighs scientific evidence.

Some people choose to take their chances with that but you do so at the risk of your freedom.