Bradley Roby Cited for OVI

By Kyle Rowland on April 24, 2014 at 6:50p
Bradley Roby was cited for OVI early Sunday morning.
164 Comments

UPDATE 11:43 a.m. April 25: The case has been continued for April 29.


Former Ohio State cornerback Bradley Roby was cited for OVI early Sunday morning, according to Franklin County court records.

According to police records, Roby was pulled over on Vine Street, near Kilbourne Street, in downtown Columbus when a Columbus Police officer approached his car. After a field sobriety test, he blew a .008 into a breathalyzer. Ohio's legal limit is .08, or 10 times what Roby registered. He is set to be arraigned Friday at 10 a.m. at Franklin County Municipal Court.

An OVI is a first-degree misdemeanor carrying a maximum penalty of six months in jail and a $1,000 fine. For first offenders like Roby, the punishment is often in the neighborhood of a suspended license (typically six months, with work privileges), a weekend course about alcohol abuse and a $500 fine.

However, sources within the Columbus Police Department and the prosecutor's office told Eleven Warriors they expect the case to be dismissed if the results from his voluntary urine sample come back clean. A police department source said the results are expected in three to four weeks.

Roby's agent, Michael Perrett of SportsTrust Advisors, released the following statement to Eleven Warriors:

This past weekend my client Bradley Roby was issued a citation in Columbus, Ohio for operating a vehicle while impaired (OVI). Bradley was sitting in his parked car in a parking lot when he was approached and questioned by an officer. He was fully cooperative and willingly submitted to field sobriety and breathalyzer tests. His BAC test registered a negligible .008 and after further testing at the police station, he was very quickly released on his own recognizance. There are no other charges, and we are confident that this matter will be resolved quickly and favorably for Bradley. However, as the matter is still pending, we cannot comment further at this time.

Roby was charged with battery last summer after an altercation at a Bloomington, Ind. bar. The charges were reduced and eventually dropped after video of the incident proved a security officer was the aggressor in the incident, and Roby completed a diversion program.

Head coach Urban Meyer suspended Roby one game.

Tuesday night, the NFL announced Roby, along with linebacker Ryan Shazier, would be among the 30 players present at NFL Draft at Radio City Music Hall May 8-10. Roby is projected to be a late first-round pick. 

164 Comments

Comments

TheBadOwl's picture

I'm facepalming too, but mine's towards the Columbus PD and not Roby.

Dude was sitting in a parked car, cooperated with the police, took the breathalyzer test, blew 1/10th what the legal limit is... and they still cited him? Nevermind that they impounded his damn car, searched it, and found nothing?

I don't get it. Why waste their time?

When I walked in this morning and saw the flag was at half mast I thought, "Alright, another bureaucrat ate it." but then I saw it was Li'l Sebastian. Half mast is too high. Show some damn respect.

+46 HS
nm_buck's picture

because the columbus police ain't like the tallahassee police.

+5 HS
45has2's picture

Really? incompetence is incompetence.

"I don't like nice people. I like tough, honest people." -W.W. Hayes

+1 HS
buckeyedexter's picture

Exactly!  Why was he even arrested if he wasn't breaking any laws?  What right do these damn cops have to do that; this really pisses me off.

+4 HS
spqr2008's picture

My guess is that orders from on high (city hall and their chief) have said that citing more college aged people for OVI is a goal this year, so that their statistics look good, so that funding can continue to rise (and not be cut).  A lot of big city cops don't have much choice in these matters.  They get told to get tough on something by their bosses bosses boss, and they have to do it.

+1 HS
buckeyedexter's picture

You're probably right and that makes if even worse.

+1 HS
OSU_ALUM_05's picture

Exactly. #BlameFickell.

+3 HS
Deadly Nuts's picture

#UrbansFault

LEBRON

-2 HS
Buck Commander's picture

Snoop's fault

Every time I set my DVR to record Biggest Loser......It always records Wolverine Football Games!

+7 HS
charles's picture

Me thinks Roby thought he was in Colorado or Washington. 

Probably didn't have weed on him, hence no mention of possession. Just buzzed and in the car. 

-3 HS
Silver Bullet 10's picture

now he's definitely a lock for the Bengals

+16 HS
Crumb's picture

You joke but that's Mike Brown's MO, and I keep hearing we need to get young at CB here too, so Bradley Roby, welcome to Cincinnati.

"The only good thing about it is winning the d*** thing" - Urban Meyer on The Game The War

+4 HS
Killer nuts's picture

If true I hope he is able to get his life straightened out

-10 HS
sivaDavis's picture

 

"I've had smarter people around me all my life, but I haven't run into one yet that can outwork me. And if they can't outwork you, then smarts aren't going to do them much good." - Woody Hayes

+33 HS
PoKeY21's picture

Killing it with the gifs on this thread. Didn't think the cube gif would be topped till I scrolled a little farther and you hit someone with the fresh prince. Well done sir, well done.

When my time on earth is gone, and my activities here are passed, I want they bury me upside down, and my critics can kiss my ass

+2 HS
Killer nuts's picture

Haha, I posted before that update that said he cooperated and blew a .008 was added to the story. The original story just said he was arrested for OVI. Clearly the further facts make it obvious that Roby is doing well and keeping on the straight and narrow, not driving around drunk as was first hinted at

+7 HS
Denster's picture

What exactly about blowing 10x UNDER the legal limit needs to get straightened out?

"It's a double-barreled pistol that fires hard work and victory..."

+2 HS
Killer nuts's picture

Read my comment immediately above yours

+1 HS
spqr2008's picture

I wonder how little you'd have to drink at his weight in order to blow that low of a BAC test.

Killer nuts's picture

I think a nice listerine mouth wash would do the trick 

+1 HS
I_Run_The_Dave's picture

I've heard that Listerine and Scope actually make you blow above the legal limit just for the 30 second swish and spit and people have been arrested for it.

Fuzzbuck's picture

Never ceases to amaze me how some of these guys can reapeatedly have their head up the lower regions. Already losing dollars he didn't have yet. Dumb!!!!

-10 HS
jrich612's picture

I'm very interested to see how he can get arrested for a DUI when he was 1/10th of the legal limit. I feel like using listerine in the morning could make you blow a .008

+27 HS
USMC11917's picture

Could be weed. That could be an explanation, not necessarily the explanation. Don't care enough about the incident to research Ohio laws but I know its possible in this state. Vertical Gaze Nystagmus alone is not PC enough for an arrest though.

+1 HS
ralEbuckI's picture

Unless you have fact not otherwise put forward here, I think that's a fairly dumb!!! assessment.  You could blow a .008 after gargling listerine.  For all of the things players have done that have been defended on here (eg Stoneburner and Hyde), your judgment seems a little excessive or premature at best.

+1 HS
tdible2132's picture

This is a bit off topic, but I attended the spring game and noticed that based on his body language Roby seemed pretty upset that he didn't receive a very loud ovation from the crowd.  I get the sense that he's got some inner turmoil, probably in part because he was sky high a few years ago and things have gone south for him. He's got a ton of potential so I hope he can get on the right track, but I just get the sense that he might be on the edge. I know it's not right to speculate on these kinds of things without knowing for sure, but I just hope I'm wrong when I get the feeling that he could fall off the map in a few years. Always wishing the best for former Bucks!

TresselourgodUrbanoursavior's picture

He just cost himself millions of dollars. Damn.

-10 HS
sivaDavis's picture

 

"I've had smarter people around me all my life, but I haven't run into one yet that can outwork me. And if they can't outwork you, then smarts aren't going to do them much good." - Woody Hayes

+9 HS
bucksk1n's picture

Just to put it in perspective, a single beer for a person weighing 200 lbs is .04.  Roby had a .008 or 1/5 of a beer.  Most people leaving bars are blowing a .008 so there has to be more to this story.  The fact that the police found nothing else in the search of the car makes them look a stupid unless they release further info.

+2 HS
TresselourgodUrbanoursavior's picture

Surprised by the disagreement here.  There is a reason he is going to court whether he is innocent or not. I don't see how one could think this incident won't hurt his stock.  Perception counts and going from the first to second or third round is worth millions.

-2 HS
sk4664's picture

Tress - hasn't effected Lewan's stock and his is a far more serious incident!

+3 HS
TresselourgodUrbanoursavior's picture

True that. You would think I have been reading this site for long enough to know not to overreact to these things. I just wanna see these guys get paid, ya know?

Buckeye414's picture

More like.. a BILLION dollars...am I right?

-Go Bucks!

CaliforniaBuckeye's picture

Message to Roby... DON'T MESS WITH YOUR MONEY! The drinking and partying can wait a couple of weeks. But on a serious note, hope everything is okay with the guy hate to see him continue a downslide. 

"The only way we'd get beaten was if we got a little fat-headed, if we didn't train right, if we had dissension on the squad." - Woody Hayes

-6 HS
OSUStu's picture

I agree about being careful right now but how hard could he have been partying?  He blew a .008.  Did he sniff someone's wine?

If you always put limits on everything you do, physical or anything else, it will spread into your work and into your life. There are no limits. There are only plateaus, and you must not stay there, you must go beyond them.  ~ Bruce Lee

+18 HS
ralEbuckI's picture

I think this is another example of that article posted on here a bit ago from NPR (I think) about commenting on headlines w/o reading the story.

+8 HS
OSUStu's picture

Am I the only one confused?

blew a .008 into a breathalyzer

Then why was he arrested when the legal limit is .08?

If you always put limits on everything you do, physical or anything else, it will spread into your work and into your life. There are no limits. There are only plateaus, and you must not stay there, you must go beyond them.  ~ Bruce Lee

+26 HS
costinjr's picture

Pretty confused as well. Unless he was "under the influence" of something else I don't see what the big deal is. You'd be more of a liability using Listerine.

+9 HS
TheBadOwl's picture

They impounded his car, searched it, and found nothing. Reading between the lines, he probably wasn't under the influence of anything else.

When I walked in this morning and saw the flag was at half mast I thought, "Alright, another bureaucrat ate it." but then I saw it was Li'l Sebastian. Half mast is too high. Show some damn respect.

+3 HS
Osurrt's picture

Hahaha.....good call. I have read it three times and am still missing how a guy gets arrested fora breathalyzer 10 times below the legal limit. Maybe he had taken cough syrup for a cold.

+5 HS
blocko330's picture

Thank you I thought I was the only dumb person here - - Isn't that like getting arrested for stealing something when you bought it?? There's a reason the limit is .08 and not .000, so you can actually drink a beer (or two) and drive a car legally...how did this happen?!

Bugsyk's picture

He passed the breathalyzer, but failed the field sobriety test

jrich612's picture

Wait wait wait...everyone is going to jump down his throat for a .008? How can you even be charged for that if it is 1/10th of the legal limit in Ohio?

+15 HS
gumtape's picture

The issue here would be thhe interaction he had with the officier. If he had admitted to having a drink, he would be breaking the law. The breathalyzer is one component that we focus on since it is the only information that we have.  Also, they could have suspected he was under the influence of other drugs. 

The take home message is wait for more official news. Until then this is all speculation.

just another psycho, irrational, delusional Ohio St fan

+1 HS
FloridaBuck's picture

I hope you aren't in OSU law school.  It is not illegal to drink an alcoholic beverage and then drive a car.  It is illegal to ingest an amount of alcohol that places you over the limit of blood alcohol percentage, and then proceed to drive a vehicle.

TraptnMI's picture

Cops make an hourly wage to make money for the city. Once a cop commits time on a suspect, they will take them in and attempt to make as much money as they can, unless of course your a cop. I heard Bradley got a contact buzz from an old lactating Milf  on the dance floor. Sounds like one sip to me. What a waste of money on that bored ass Police Officer of the Almighty Law. No offense to other officers, for not all cops are dicks.

" It's real good whatcha done Anthony, real good ! "

-3 HS
Seattle Linga's picture

I understand that you want to party but pay for a cab darn it - All jokes aside - he has a very bright future - let's hope this is the first and last time we see a headline like this !! 

jrich612's picture

.008 though? That's what like a quarter of a bud light isn't it? 

+5 HS
hspbuy1's picture

The legal limit is .08 & he blew a .008? What's the problem? Yes, I know he was close to a .01 ..........But......?

hspbuy1

+5 HS
OneOfOver475000's picture

Unless I am reading this wrong, he drank a beer and was sitting in his car and probably smelled of said beer.  When they brought him down, they realized he was fine and let him go.  There is nothing to charge him with... Why is this even reported (Not here, I mean anywhere)?

+2 HS
OSUStu's picture

Maybe we don't have the whole story but I can't see where Roby did anything wrong.

If you always put limits on everything you do, physical or anything else, it will spread into your work and into your life. There are no limits. There are only plateaus, and you must not stay there, you must go beyond them.  ~ Bruce Lee

+2 HS
southbuc's picture

If he truly blew .008 in a parked car this will cost him nothing and it shouldn't even be reported on. 

+5 HS
andyb's picture

Yes, Please. Can someone with some legal prowess explain the reasoning behind him being charged with OVI/DUI??? I am failing to understand what he did wrong in this situation.

+1 HS
BroJim's picture

You're spot on! This would not have been an arrest if Roby was white.

I season my simple food with hunger

+4 HS
USMC11917's picture

That is a distasteful comment made without any justifiable evidence. Really, was there any thought involved in that or was that your go to response? How 11w can allow either of the above posts is beyond me. I'm offended at the presumption and a little disappointed at the support given to the posts.

UrbanCulture's picture

Whether or not it's "right", racial profiling does happen 

+2 HS
cal3713's picture

Whether its true in this case or not, it is true in some instances, hence the support.  Google "driving while black."  I've been pulled over for being white in a black neighborhood.  The white police officer accused me of trying to "buy drugs from those xxxxxs."  I can't remember what derogating term he made up, but he was essentially replacing the N word with something home grown.  I wasn't cited and the only suspicious behavior I exhibited was being the wrong color.

+1 HS
TheBadOwl's picture

Maybe Bradley was doin' 55 in a 54.

When I walked in this morning and saw the flag was at half mast I thought, "Alright, another bureaucrat ate it." but then I saw it was Li'l Sebastian. Half mast is too high. Show some damn respect.

+3 HS
BroJim's picture

Can you disprove it?
~Semper Fi

I season my simple food with hunger

rufio's picture

Smells like a DWB to me...

-1 HS
USMC11917's picture

If the laws are similar to where I am, you can arrest someone for those charges as long as the occupant is in the vehicle and it is operational. It does not have to be on the roadway. 

The only way I can see this going down is If he was arrested for ovi-under narcotics. Speculation and guessing on my part.

-2 HS
CentralFloridaBuckeye's picture

Wait a minute, so he blew .008.  Not to belittle this, but how much would he have had to drink for that score.  Maybe half a beer if that?  Doesn't change the fact that it was a dumb move with poor timing.

TheBadOwl's picture

Maybe he used some mouthwash earlier that morning and accidentally swallowed a few drops of it.

When I walked in this morning and saw the flag was at half mast I thought, "Alright, another bureaucrat ate it." but then I saw it was Li'l Sebastian. Half mast is too high. Show some damn respect.

+3 HS
osu07asu10's picture

Turn down for what????

 

"They don't know what they don't know." - Coach Mick

+1 HS
Deadly Nuts's picture

.008? Did he have a loaf of beer bread?

LEBRON

+2 HS
BuckeyeinSavannah's picture

Must have been some rum cake

NObuck-I-inTEAM's picture

The police report said he was pulled over, the quote from his agent said he was parked in a parking lot. Hmm....To me it sounds like his agent is lying.  Why would a police officer go up to a random car parked in a parking lot?

BuckeyeinSavannah's picture

I remember reading somewhere that he has a blacked out charger with dark tinted windows.  The cop probably saw him and assumed he was up to something.  I hope I'm wrong

hit_the_couch's picture

Actually, cops go up to parked cars all the time. It depends on the neigh orhood.

And then I told her...i'm no weatherman, but tonight's forecast is calling for several inches!

+2 HS
Jason Priestas's picture

There is no police report for this case. Just a citation. 

NObuck-I-inTEAM's picture

I got the man in charge to respond to my comment!!! My life is complete

+5 HS
charles's picture

Was he high, perhaps?

+2 HS
cal3713's picture

Clearly that's what the PO thought.  That is the only possible reason you can get charged with an OVI if you're below the legal limit.  

Johnny Ginter's picture

the first 15ish comments on this thing are now hilarious

Killer nuts's picture

So true (I'm one on them), that update from the lawyer changes this story markedly. The folks doing the massive down voting don't realize those comments were essentially responding to a different report. Can't blame em, those posts do look ridiculous now

+7 HS
BuckeyeRick's picture

According to Alcopro, a maker of alcohol testing devices, any result less than .01 should be considered a negative result. Roby's result of .008 could come from taking cough syrup or something. One drink would get you a result much higher than .008, so unless he only took a sip or two, he probably wasn't drinking.

Something is definitely not right with this report or the agent's statement. 

+4 HS
FitzBuck's picture

I think Roby did this before talking to the cop

 

Fitzbuck | Toledo - Ohio's right armpit | "A troll by any other name is still a troll".

+22 HS
3GB's picture

I'm going to miss eating those Johnsonville Beer Brats.  It's just not worth the risk.

+17 HS
DefendYoungstown's picture

Can anybody explain how and why he was cited if he blew UNDER the legal limit???  I don't understand, am I missing something, are there truths being withheld?  SMH though, you can't fix stupid...

What we can't do in the air we'll do on the ground.

+2 HS
teddyballgame's picture

There's got to be more to this story.

-1 HS
mr.green's picture

If what we are reading from his lawyer is how this went down, this case would get tossed by a judge.

+3 HS
vball10set's picture

.008 is NOT a DUI, so I as well am confused. Either the report is wrong, or the person reporting it has the story wrong.

+3 HS
vball10set's picture

.008 is NOT a DUI, so I as well am confused. Either the report is wrong, or the person reporting it has the story wrong.

+2 HS
Colerain 2004 G.O.A.T.'s picture

A place I worked at for a short time gave out breathalyzers daily to patients. A .008 is less then what a person would blow that uses lots of hand sanitizer. Most people are not aware but you can register quite a bit from using medical grade hand sanitizer in large quantities. This story sounds like there is a little more too it and hopefully we will hear it soon.

I speak the truth but I guess that's a foreign language to yall.~~Lil Wayne

+2 HS
Earle's picture

Are you suggesting that germophobia is a victimless crime?

+1 HS
hit_the_couch's picture

Those penalties listed are for one that blows above the limit the man set. I think the writer is confused.

6 month suspension for literally 1 beer? Com mon, man.

And then I told her...i'm no weatherman, but tonight's forecast is calling for several inches!

CCatanzaro's picture

I'd imagine he took a urine test.  If it comes back negative, he will not be in any trouble.  If he tests positive for any drug that affects driving in an adverse way, including THC, opiates, or amphetamines, he will get an OVI.

Dairy-fed intellect and pure, unhinged sass.

 

+2 HS
brandonbauer87's picture

+1 for being the first to post this. 

osu07asu10's picture

If it is Roby's first DUI he has the right to refusal of any blood, urine, or breathe test without an officer using force to procure blood or urine. 

The officer also gets to choose 1, which was the breathe test, so Roby most likely did not submit a urine test since the officer believed he had probable cause to arrest Roby for OVI based on the breathalizer (not saying he did) and the physical evidence he observed.

 

"They don't know what they don't know." - Coach Mick

+1 HS
CCatanzaro's picture

Good points ASU.  Only catch is, that an officer is allowed to give what is called a preliminary breath test (which can't be used in court against the accused) before choosing a formal chemical test.  So, if the officer determined Roby was indeed under AN influence, he could do the preliminary breath test and then decide to do a urine test, which, as you already stated, Roby could certainly refuse.

However, in Ohio you are not entitled to speak with an attorney prior to deciding whether or not to submit to the test, so, if he was intimidated, didn't want to automatically lose his license for a year, or was unaware of his rights, it's still quite possible that he took a urine test.

Dairy-fed intellect and pure, unhinged sass.

 

osu07asu10's picture

+1 spot on with everything you said. Officer has to be mindful that he has 2 hours from the start of the traffic stop to administer any chemical test or it is invalid, which is why breathalizers are often the choice.

Ohio is stiff with OVI/DUI laws but I spent 4 years in NC and they are even worse. In NC you do not have the right to any refusal and an officer doesn't need probable cause to administer a breathalizer. Refusal of a breathalizer and they immediately take you down for a blood draw, no choice at all.

(If you are under the influence even slightly) you should never answer questions regarding your sobriety (or lack thereof), never submit to a chemical test, and even refuse field sobriety tests. The only information you are required to provide to an officer is your drivers license and questions related to your address and identification due to the operation of a motor vehicle. That's it.

Answering more, or giving more information whether it be physical or chemical can only aid the prosecution. The penalties for not complying are indeed stiff at the onset but a proper attorney can mitigate a lot of those and even get a stay for your suspension.

 

"They don't know what they don't know." - Coach Mick

sbentz4's picture

After reading some of these negative comments, it is apparent to me that a lot of people do not actually read the post just the title.

+2 HS
Killer nuts's picture

There were additions made to the original post since people started commenting 

+2 HS
KBonay's picture

Car was impounded and searched, yielding nothing. And blew a .008. 

Shame on Columbus Police....

+6 HS
Ahh Saturday's picture

If the report of .008 is true, this is going to come back and hit CPD way harder than it hits Roby. 

+4 HS
osu07asu10's picture

Actually it really won't. Roby will plead not guilty, and a prosecutor will decide if there is enough evidence to make it stick. If .008 is the only evidence they have (no other drugs found, no failed field sobriety, etc) then they'll drop the charges.

OVI's are now very subjective and alcohol is not the only "drug" that factors into an officer's decision to place someone under arrest or cite someone for OVI. Roby may have only blown a .008 but showed indicators that he may be impaired by something other than alcohol.

Roby will get off, but he is far from the only person who has been falsely saddled with an OVI from the Columbus PD.

"They don't know what they don't know." - Coach Mick

d5k's picture

Where is the accountability?  I highly doubt the type of citations/arrests you describe are constitutionally kosher.  

osu07asu10's picture

They 100% are. If every person arrested by the police were 100% guilty then we could just do away with the criminal court system.

Officers have chemical and physical evidence to make a subjective call regarding an OVI. Everyone here is fixated on the chemical evidence and not the physical evidence (of which we know little about).

It sounds like Roby will be innocent but his arrest is highly common and is far from "unconstitutional".

"They don't know what they don't know." - Coach Mick

-1 HS
d5k's picture

Highly common = Agreed

Far from unconstitutional = Could not disagree more

There is a 4th amendment that gets way less attention than the first 2 (and even the 5th) but should get a lot more.  While they should arrest people who are not necessarily guilty, they should not be able to search and seize property without way more probable cause than things like "bad neighborhood, suspicious looking vehicle, faint smell of pot, etc."  Cops should not be just walking up to parked cars and questioning people with no reason just like they should not go door to door looking for reasons to arrest people.

+1 HS
osu07asu10's picture

they should not be able to search and seize property without way more probable cause than things like "bad neighborhood, suspicious looking vehicle, faint smell of pot, etc."  Cops should not be just walking up to parked cars and questioning people with no reason just like they should not go door to door looking for reasons to arrest people.

I couldn't agree with you more.

However, in Roby's case someone reported to CPD of a vehicle with a passed out driver. Officers responded to the area to find Roby. When talking to Roby, an officer noticed the odor of alcohol, performed a field sobriety test which Roby failed. He was given a field brethalizer and submitted a urine sample for analysis. The officer believed there was enough physical evidence to charge Roby with OVI, while they wait for confirmation on the chemical evidence (urine test). Most likely because nobody could operate Roby's vehicle, it was impounded until someone can retrieve it. 

So tell me what again was unconstitutional about that?

"They don't know what they don't know." - Coach Mick

+1 HS
Ethos's picture

Dude should sue the cpd for that bullshit. That is straight up unneccesary harrasment. 

"What do you need water for, Sunshine?!" - Coach Coombs, if you don't love this man, you have no soul.

-3 HS
TraSmith4's picture

Honestly have no clue how he could have even of been cited. You could take a swig of NyQuil and blow that number! This is not even a story in my opinion unless you are talking about how excessive the police were by impounding and searching his car sounds like a case of profiling or there has to be something more not being reported here. Everybody here dogging on him are just ignorant and if you saw the Bloomington video he should have never of been cited for that as well. 

+1 HS
You can't spell chump without UM's picture

Are there any actual cops who won't abuse their power? It seems like almost every time someone gets arrested or cited it's for something that seems very small. Cops have way too much power and they use it to the fullest and get in zero trouble and have zero responsibility, it's un-f**king-believable. 

Brady Hoke ate my comment

-1 HS
Soggy_McMuffin's picture

What a joke! This police officer obviously had nothing better to do. Also probably not a Buck fan!

Gooz-fra-bah...

-4 HS
brandonbauer87's picture

All but a few people commenting on this story really don't understand the charges. The alcohol is not the reason for the charge. He was visibly (allegedly) impaired. OVI is a convenient catch-all for police. They likely suspected weed or something else. If there was a blood or urine test administered, that will either vindicate or incriminate him. 

+4 HS
osu07asu10's picture

I would imagine that there was no blood or urine test administered unless Roby voluntarily submitted it to clear himself.

"They don't know what they don't know." - Coach Mick

brandonbauer87's picture

Correct. So basically, if he has nothing to hide, he takes the test. Chances are he had something to hide. As long as he spoke to a lawyer in a timely fashion, this should be dismissed. 

osu07asu10's picture

In almost any case, I wouldn't recommend that someone takes any chemical test when suspected of OVI.

EDIT: In almost any case (where someone is even the slightest bit intoxicated)...

"They don't know what they don't know." - Coach Mick

+1 HS
brandonbauer87's picture

Generally I agree. This case is a little different. I don't think the legal issues play any role in it. Innocent looks better than not guilty, to an NFL GM. If he proves that he's clean, it becomes a non-story. If the case is dismissed due to lack of evidence, it could be a red flag. 

+2 HS
osu07asu10's picture

I get what you're saying and I agree. Just being in the situation could probably be a red flag, especially with his previous incident. 

 

"They don't know what they don't know." - Coach Mick

Braxton2Devin's picture

Fuck 12... in these types of instances

-1 HS
808buckeye's picture

i agree with your statement sir.  Pigs are power trippers

From the 808

+2 HS
OvalBeachBum's picture

Come on Roby...

 

"In the words of the late great Colonel Sanders, I'm too drunk to taste this chicken" - Ricky Bobby

-1 HS
buckeyeotaku's picture

i think i read the part about 1/10 the legal limit about four times, i'm not a big Roby fan but this seems like a witch hunt.

We don't give a damn for the whole state of Bichigan

+1 HS
Tyler Durden's picture

it's too bad the Tallahassee pd isn't as stellar as Columbus's...

+2 HS
Toilrt Paper's picture

Did they test for drugs since alcohol level was only .008?

bdegroff's picture

Will it cost him millions? Could drop in draft. Sad really.

 

BME_Buckeye's picture

Diagrams with Mindy on what happened coming soon. Stay tuned as she shows us the details of Roby being passed out, what he drank and how it all went down.

Look closely, because the closer you think you are, the less you will actually see.

 

+5 HS
808buckeye's picture

lol. best comment so far

From the 808

d5k's picture

Is the Bill of rights even recommended reading material for the police academy these days?

I know when you are in a car there are different rules, but they still need probable cause to essentially pull him over.  I'm guessing this is a combo of "intuition", racial profiling, and maybe he smelled something.

+2 HS
EDUGOON's picture

Hmmmm….. Racial Profiling at its best! (1/10th .0008) this deserves a "C'mon Man" and "C'mon Son"…….CPD is better than that!

"We Don't Believe You, You Need More People"- Hova #GOBUCKS #FreeElGuapo #Famthik

Hockey Buck's picture

So why was he arrested? Columbus police as loved and forgiving as Shamrock towing.

+3 HS
FROMTHE18's picture

dude needs to be careful, hope it doesn't get too messy for him.

-2 HS
allinosu's picture

You can get arrested sitting drunk in your car without the engine running and in your driveway as long as you have your keys on you.

45has2's picture

True, but that would be .08 not .008.

"I don't like nice people. I like tough, honest people." -W.W. Hayes

+1 HS
Buckeye414's picture

Clearly a marketing ploy to try and get drafted by Denver or by the new expansion team the Washington State Wombats. 

-Go Bucks!

buckeyedude's picture

Maybe I'm missing something here. If he was under the limit, why was he cited?

 

 

+1 HS
ToledoMan's picture

They probably smelled a little Colorado coming from the car.

+1 HS
OSUFlash's picture

I'm literally sitting here beside myself over this one. Can law enforcement be cited for being F ing stupid? Welcome to the Steelers, we're damn glad to have you.

osuflash

+1 HS
Spikebone's picture

If he was under the legal limit why was he cited for anything? Fascist police and state highway patrol is one reason I am glad I no longer live in Ohio. Damnit I love so Much about the state but there is no arguing it is very much a police state with overbearing dickhead cops. Oh and it costs me $10.25 each way on the turnpike to get home to Ytown.... Blah

Stuck in Ann Arbor for work, I can confirm she is indeed a whore.

+3 HS
northwoods buckeye's picture

When I met my wife, about the only thing she knew about Ohio was that the cops are total dicks.

Conan! What is best in life?

To crush your enemies, see them driven before you, and to hear the lamentation of their women.

+1 HS
Bugsyk's picture

OVI - different than DUI.  Po-po 101 lesson:  You can't search a vehicle without cause and\or consent.  He wasn't arrested for his BAC.  Hence, he was impaired from something other than alcohol.  I'm going out on the limb and guessing it was something the police could smell, and it drew them to his vehicle.  The smell gives them cause to search, do a field test, etc.  Now if we only knew of a impairing substance that had a far reaching distinctive odor that police would recognize....

L&G's he smelled like Meigs County.  That is why he was arrested as impaired.

+2 HS
d5k's picture

If only constitutional scrutiny was fully applied to the "I smell something" criteria for probable cause.  

And that's beside the point that my tax dollars should be better spent than trying to nab young black people for being high.  Times are hopefully changing.

+2 HS
Bugsyk's picture

Looks like someone reported him as passed out in his vehicle; which I'll assume was a fan of ttun.  Tough line to tow.  If he passes the BAC test but fails the field sobriety test...they have to do something.  If they let him go on the spot, and (worst case) he drives home and ends up hurting someone, it's on them. 

Don't even get me started on what our tax dollars could be better spent on.

northwoods buckeye's picture

I did a research paper on the training of police officers when I was in school. I happened to attend the academy on the day where they talked about search and probable cause: "If you can't find probable cause to search a vehicle, then you aren't trying"

Conan! What is best in life?

To crush your enemies, see them driven before you, and to hear the lamentation of their women.

Bugsyk's picture

Which is sad, but as with many things in this world, it covers liability.

UrbanAssaultVehicle's picture

This sounds much more important than following up on my stolen car from 2 weeks ago...wish I was joking.  Thanks Columbus police.

+1 HS
osu07asu10's picture

Update, per the Dispatch:

- Columbus PD were called to the location of Roby's vehicle due to someone being passed out behind the wheel of a motor vehicle.

- Officer smelled alcohol odor from Roby

- He failed a field sobriety test

- He did submit a urine test

 

So there was reason for the PD to approach Roby's vehicle, physical evidence (odor of alcohol) to perform a field sobriety test, which he failed. 

This case will ultimately hinge on the urine analysis but also, if he was truly passed out behind the wheel of his car and failed a field sobriety test the prosecution is unlikely to simply dismiss the case, I would assume a plea for loss of physical control will be the most likely outcome.

 

 

"They don't know what they don't know." - Coach Mick

+1 HS
I_Run_The_Dave's picture

I was wondering if something like this was the case, minus the smell of alcohol.

My cousin was pulled over driving late at night on backroads because a cop saw him veering left and right and thought he was drunk.  It turns out, he was sober, but was fatigued and was having trouble staying awake.  The cop didn't cite him but gave him a written warning.

I was wondering if an OVI can be given for being fatigued, in which case Roby is clearly guilty of the charge strictly speaking.  However, if the car was not running, and it was parked in a parking lot...  then come on...  

+1 HS
northwoods buckeye's picture

In most states, yes, you can be cited for OVI (or equivalent) for being excessively fatigued. It's rare to actually be cited for it (except for commercial drivers, who have to keep logs) because it's a hard thing to prove 

Conan! What is best in life?

To crush your enemies, see them driven before you, and to hear the lamentation of their women.

osu07asu10's picture

I was wondering if an OVI can be given for being fatigued, in which case Roby is clearly guilty of the charge strictly speaking.  However, if the car was not running, and it was parked in a parking lot...  then come on...  

In the state of Ohio, you cannot be given an OVI for being fatigued. 

 

"They don't know what they don't know." - Coach Mick

+1 HS
Jeeves's picture

Does the impression of Roby change if the term "asleep" is substituted for "passed out" in the Dispatch report? "Asleep" or "unconscious" are accurate descriptors of a condition without bias. "Passed out" on the other hand is used by the Dispatch and probably the CPD to color the situation in a way favorable to the CPD's subsequent actions. Just a subtle thing I noticed.

osu07asu10's picture

Does the impression of Roby change if the term "asleep" is substituted for "passed out" in the Dispatch report? "Asleep" or "unconscious" are accurate descriptors of a condition without bias. "Passed out" on the other hand is used by the Dispatch and probably the CPD to color the situation in a way favorable to the CPD's subsequent actions. Just a subtle thing I noticed.

If a caller used the word "passed out" behind the wheel when reporting it to CPD, then I cannot see how the CPD using those words and the Dispatch reporting it as coloring the situation in a favorable light for them.

"They don't know what they don't know." - Coach Mick

Jeeves's picture

It certainly does. Even if the witness used the term "passed out" it is a biased statement that implies knowledge the witness probably did not have and to repeat that term in a news report is done to sensationalize and possibly create a story that isn't there. 

I am curious whether or not it is possible to smell such a small quantity of alcohol on someone? Perhaps he spilled a drink on himself at some point in the evening? If he didn't then I am thinking the officer must have the nose of a bloodhound to warrant a car search.

45has2's picture

Citizens of C-bus that use the original Listerine after the morning brush: BEWARE.

"I don't like nice people. I like tough, honest people." -W.W. Hayes

ScarletGray43157's picture

As the Rule of Law breaks down, and we are seeing the Rule of Law beak down at all levels of government in the United States, there will be more and more cases of abuse of citizens by government authorities.  This is an example of that.  Expect to see it happen more often going forward.  Unfortunately.

In old Ohio there's a team that's known throughout the land...

+1 HS
northwoods buckeye's picture

I can't pass parts of a field sobriety test even when stone-cold sober. It's not that uncommon. There are many medical conditions (even being tired, which it seems like Roby was) that can make you fail a test. It leads me to believe that either Roby or the cop was being a dick. I'm willing to excuse Roby for being a dick since he was arrested for doing ABSOLUTELY NOTHING WRONG. My guess is the real offense was DWB.

Conan! What is best in life?

To crush your enemies, see them driven before you, and to hear the lamentation of their women.

-1 HS
jtlightner's picture

Roby posted the breathalyzer test on his Twitter and promptly pulled it last night - I assume someone told him he needed to pull it and not stir the pot.

 

Trying to find the image in my cache.

jtlightner's picture

Found it - had to edit it to remove his SS# - don't want someone stealing all his First Round money :)

 

http://imgur.com/ES2JKpA

osu07asu10's picture

That is interesting and does shed some light on the time of the situation. 

Chemical tests must be administered within 2 hours from the initial stop or beginning of the traffic stop. It looks like those were at 4:19am - 4:20am meaning that the absolute earliest it could have been was 2:20am when Roby was pulled over.

 

"They don't know what they don't know." - Coach Mick

Wilkins78's picture

There is something called an HGN test which basically checks your eye for an involuntary twitch when trying to follow objects.  This is likely the part that Roby failed and it is one of the more relied upon indicators of intoxication.  However it still has a large margin for error and failure can be caused in some case by nicotine, caffeine or other factors.  

Vehicles don't even have to be running for an OVI to be issued.  If the keys are in reach and it can be reasonably inferred that you had been driving, an OVI can be issued.  Otherwise, you can be cited for "physical control" which carries lesser consequences.

jtlightner's picture

Looks like he posted the same thing I posted just now officially to his Twitter - someone threw it into Photoshop and took out his SS# and lightened up the photo a bit.

spacegh0st's picture
EDIT: Oops, someone beat me to it.  Removed image so as not to repeat.
Yeah, while the circumstances are suspicious to say the least, I don't see how they had enough evidence to arrest him over it.

 

-1 HS
flabucknut1's picture

I have an ex friend in Ohio who's son was passed out behind the wheel with the motor running and when the Police woke him up and asked him if there was some type of problem , he said NO. They continued to interrogate him and he admitted while sitting behind the wheel that he had consumed a six pack of beer, Took prescription pills, smoke 3 joints and crushed up 8 Corcidin cough pills to trip on. He was never given a breathalyzer or field sobriety tests, blood test, and the car was never searched and  was left on the side of the street.it was the day after Christmas. They charged him with the lowest charge that they could. No DUI , PILLS ,  Keys in the car while running ect ect ect. I think you get my story.  He is looking at a hundred dollar fine and 90 days in Jain with all suspended while undergoing some type of BULLSHIT training. To top this off. He has had 10 priors with similar incidents. No big family money or ties. I'm a white person and this pisses me off. If this had happen to me 20 years ago or today, I would be sitting in jail for a year or two. Please don't tell me there is no racial profiling. As they say in Florida.... " arrive alive, leave in a body bag" don't forget to tan!!!!!!! 

Jim Rhoads

-1 HS
BPOSU's picture

Guys...this was most likely a perceived narcotics OVI...Not because of alcohol. I don't know whether Roby was smoking or not...but want to know why the cops were probably being over suspicious? Check out the date on the citation he posted...4/20

"Terrelle, are you coming back next year?" ..."Ahight"

TraptnMI's picture

It is allergy season, so the knuckle head thought he or she smelled some, kind, kickass, killer weed. Thank goodness he was smart enough to eat it. I prefer eatables myself. You would think in this case the CPD would have taken a blood sample. That's a good time to call your lawyer. Don't be a blood donor at a precinct. NEVER. The best evidence is no evidence.

" It's real good whatcha done Anthony, real good ! "

-1 HS
sivaDavis's picture

"I've had smarter people around me all my life, but I haven't run into one yet that can outwork me. And if they can't outwork you, then smarts aren't going to do them much good." - Woody Hayes

BuckeyeChris's picture

The ultimate silliness of all of this aside, the way to avoid landing in a stupid situation is to avoid putting yourself in a stupid situation. 

If I were weeks away from millions of dollars I would leave my house for three reasons: 

1) Church

2) Work out/train

3) My mom is in the hospital. 

You do your drinking/partying (all of it) at home until the ink is dry.