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Message
re: Tony Romo DWI Video Released
Posted on 7/29/26 at 7:36 am to Flanders
Posted on 7/29/26 at 7:36 am to Flanders
quote:
Miranda warning is only required when two things are met. One, you’re in custody. Two, you are being asked self-incriminating questions. Both standards have to be met. Not one or the other.
In custody, as in, in cuffs in the police car? Or once you've been detained for questioning?
Wouldn't ANY question in a potential DUI stop be self-incriminating? Since she didnt read his rights, would any of his speech (slurred, slow, etc) be admissible as evidence or probable cause for DUI?
2
Posted on 7/29/26 at 7:45 am to jmcwhrter
quote:there are many factors that could lead a reasonable person to feel they’re in custody. In this scenario, a reasonable person would believe they’re in custody as soon as the handcuffs are placed on them.
In custody, as in, in cuffs in the police car? Or once you've been detained for questioning?
In other cases, someone could feel they’re in custody based on the amount of cops. For example, a traffic stop occurs and during the course of that stop a separate criminal investigation develops and the suspect is now surrounded by six or more cops on the side of the road. That would lead a reasonable person to believe they’re no longer free to leave and at that point they’re in custody.
Detainment for questioning does not always equal custody.
quote:probable cause remains a low bar to meet. Typically around 48-50% that it is probable this person is “driving drunk”. The Supreme Court has ruled multiple times that an officer can ask travel plan questions (where you’re coming from, where you’re going, what you were doing at either place, etc). So yes his answers were likely included in the arrest report to add to her probable cause.
Since she didnt read his rights, would any of his speech (slurred, slow, etc) be admissible as evidence or probable cause for DUI?
Posted on 7/29/26 at 7:48 am to Ingeniero
quote:
I saw another article that said he refused a breathalyzer. Lawyers: what's the move in a situation like that? Blow if you're certain you'll blow zeroes, refuse otherwise? I don't drink and drive, just curious
If they ask you to blow, they’ve already made their mind up. Don’t give them any extra ammo.
Posted on 7/29/26 at 7:51 am to Obi Wan Ryobi
quote:He does not seem intoxicated in the video
Seems pretty clear he was caught drinking n drivin
Posted on 7/29/26 at 7:52 am to Flanders
quote:
you don’t get to talk to your lawyer whenever you want to. He was detained for a dui investigation.
This is what I am confused about in this thread. Not sure why people think you can simply do what you want or request to make a phone call when pulled over and investigated for DUI (or anything else). He asked, she said no because she was still trying to determine if he was drunk. It's not like he can't ever call his lawyer...just not right then and there because he wanted to. It feels like people are looking at this differently because it's Romo.
That being said, the cop seemed to have made her mind up before she even pulled him over and I am interested to see what happens when this plays out (whether in court or a statement from the department). I do think he had clearly been drinking, but you still have to determine that. I also think she could've easily done the field sobriety test where they were. There was plenty of room, and were on fairly level ground (I realize they were on the decline of an elevated roadway, but still).
Posted on 7/29/26 at 7:57 am to CocomoLSU
When you watch those videos it sure doesn’t feel like we live in a country where cops work for us….
Posted on 7/29/26 at 7:59 am to CocomoLSU
quote:I’m almost certain she likely followed his vehicle and observed multiple infractions or indicators that typically illustrate a distracted or dui operating the vehicle. She’s not going to explain all of that to the driver during the stop for a variety of reasons. Now to me, the PC she used was him driving across dashed lines in the right to pass traffic? That may have been all she had or maybe there was more.
That being said, the cop seemed to have made her mind up before she even pulled him over and I am interested to see what happens when this plays out (whether in court or a statement from the department).
If someone blows a 0.19 on a DMT machine, which I saw mentioned somewhere, there’s going to be a heavy odor of an alcoholic beverage emanating from that person or passenger cabin.
quote:agreed if she would have waited for a backup unit to arrive on scene and block that inside lane so they had more room for testing. At that point it’s a safety factor they likely considered. But frick woman, don’t even get that guy out of the car if you’re alone on the stop. I doubt Milwaukee county is hurting so bad that they can’t have backup officers on scene.
I also think she could've easily done the field sobriety test where they were.
Posted on 7/29/26 at 8:00 am to lsupride87
quote:
He does not seem intoxicated in the video
My first thought when watching, but if he wasn't, you'd think he'd put up a little more forceful defense.
Posted on 7/29/26 at 8:04 am to AlterDWI
quote:
My first thought when watching, but if he wasn't, you'd think he'd put up a little more forceful defense.
Why? When you have his kind of money and fame, best just to throw mountains of cash and lawyers at it until it goes away. Which it most certainly will.
It was wise of him to remain calm and not give them more ammunition and not end up like that famous George Jones video.
Posted on 7/29/26 at 8:08 am to Hou_Lawyer
Never admit to where you are coming from certainly don't talk to them answering their obviously frivolous and probing questions (that they will try to use against you) and never take a field sobriety test on the side of a highway/interstate its distracting even if you are stone cold sober.
Yes, when you deny they will arrest you and charge you with DUI/DWI but you give them zero evidence and makes it easy for someone of Romo's means to easily beat this in court via legal representation.
Yes, when you deny they will arrest you and charge you with DUI/DWI but you give them zero evidence and makes it easy for someone of Romo's means to easily beat this in court via legal representation.
Posted on 7/29/26 at 8:08 am to lsupride87
quote:
When you watch those videos it sure doesn’t feel like we live in a country where cops work for us….
Thin blue line man. Get with the program. Whatever cops say … goes. If they arrest you, you are guilty. /s
Posted on 7/29/26 at 8:09 am to jmcwhrter
NOT GULITY
Posted on 7/29/26 at 8:10 am to Hou_Lawyer
obvious that he wasn't plastered and was pretty polite.
nice to see somebody famous not be dick in one of these situations.
nice to see somebody famous not be dick in one of these situations.
Posted on 7/29/26 at 8:10 am to Ingeniero
I don't drink and drive, either, but my state's laws (MS) were explained to me like this:
1. Field sobriety tests and field breathalyzers are not admissible in court. The former is subjective, the latter are not professionally calibrated at the interval necessary to be used as evidence.
2. The cop can testify that he or she thinks you were drunk based on their experience, but again subjective.
3. If they arrest you and take you to the hospital or jail where there is a calibrated breathalyzer or blood test, you are legally required to take that test and will get additional charges if you refuse. At this point you've already been arrested, so no reason to get more charges.
Obligatory "not a lawyer."
Not sure what I'd do if pulled over, as I don't drink. I would probably refuse the roadside jumping jacks because I'm old, cranky, and have bad knees. Would probably refuse the roadside breathalyzer, too. Who knows if they can rig those things to generate false positives.
I don't trust cops.
1. Field sobriety tests and field breathalyzers are not admissible in court. The former is subjective, the latter are not professionally calibrated at the interval necessary to be used as evidence.
2. The cop can testify that he or she thinks you were drunk based on their experience, but again subjective.
3. If they arrest you and take you to the hospital or jail where there is a calibrated breathalyzer or blood test, you are legally required to take that test and will get additional charges if you refuse. At this point you've already been arrested, so no reason to get more charges.
Obligatory "not a lawyer."
Not sure what I'd do if pulled over, as I don't drink. I would probably refuse the roadside jumping jacks because I'm old, cranky, and have bad knees. Would probably refuse the roadside breathalyzer, too. Who knows if they can rig those things to generate false positives.
I don't trust cops.
Posted on 7/29/26 at 8:10 am to Arkapigdiesel
quote:
So, what is a person supposed to do when an inconsiderate prick remains in the left lane and refuses to get over? It happens all of the time.
Well if you have had a beer you stay behind the inconsiderate prick.
Depends on the number of lanes and if the line was solid white. Solid white lines means you cannot pass. So even if someone is driving the speed limit and you want to go a little bit faster it is illegal to pass on the solid white line.
Now on a two-lane interstate you cannot pass on the right even if you have the dashed white lines. Though we have done it before when someone is not going fast enough. Now if you have three or more lanes you can pass on the right in most states.
I feel bad for Tony. The female cop was horrible.
Best advice you can give anyone is rarely trust a cop unless you need help.
Posted on 7/29/26 at 8:11 am to CapitalTiger
quote:
Then you blow 0.0 and say you must be on something else so take you in anyways.
This. There are plenty of "DUI" arrests on YouTube of people 100% sober who blow all zeros and get taken in anyway. As others have said most of the time the officer(s) have their minds made up well before they ask for any test(s)
Posted on 7/29/26 at 8:17 am to ronricks
quote:
This. There are plenty of "DUI" arrests on YouTube of people 100% sober who blow all zeros and get taken in anyway. As others have said most of the time the officer(s) have their minds made up well before they ask for any test(s)
I saw an interview of an official with the TN state police who are accused of a bunch of fake DUI arrests. He said, truthfully or not, that many of their DUIs end up being for someone on cannabis or other edibles, and that it won't show up on the breathalyzer. Only the blood tests.
But if you're a crooked cop and wanted to jam someone up bad, you could probably play that game. Get them to take the breathalyzer, then arrest them anyway and let the charges hang over them for months while test results come back. That has been the situation in TN, as I understand it.
Posted on 7/29/26 at 8:21 am to ronricks
It's true. Cops make up their mind within seconds. Tony was too nice and too talkative. Remember a beer or two for some people loosen their inhibitions and if you're feeling good and you think you've done nothing wrong you may be talkative.
You can tell right away based on how Tony was friendly and how he looked the cop had made up her mind and was going to take him in.
When you are pulled over keep what you say to a minimum. Don't show emotions, be calm and calculating.
You can tell right away based on how Tony was friendly and how he looked the cop had made up her mind and was going to take him in.
When you are pulled over keep what you say to a minimum. Don't show emotions, be calm and calculating.
Posted on 7/29/26 at 8:30 am to Ralph_Wiggum
quote:
You can tell right away based on how Tony was friendly
I think Tony is a naturally very friendly person.
Posted on 7/29/26 at 8:34 am to Swamp Frog x
quote:
You can’t legally deny the breathalyzer
WRONG
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