Koby Altman nailed, then failed to take breathalyzer…

[bronko]

The 3 days in jail also can be substituted with a 3 day driver alcohol intervention program. Those are usually like 3 days in a hotel and you got to do classes and stuff the whole time. You have to also pay for it and the hotel stay.

A friend recently got tagged, refused the test and was cited. Hired a lawyer, it was reduced, no jail or intervention, got their license back with no high risk insurance or any substantial delay. The whole matter was over in a couple weeks. I was surprised at no loss of license, I thought it would be automatic after refusing a breathalyzer, but no. Just two days without the license, work privileges for another couple weeks, then back to normal. Circumstances make a difference, no accidents or property damage help too.

 

[Dr. Claw]

so does this mean Koby will have to rock the "Cavs Colored" Party Plates?

 

[Lee]

A friend recently got tagged, refused the test and was cited. Hired a lawyer, it was reduced, no jail or intervention, got their license back with no high risk insurance or any substantial delay. The whole matter was over in a couple weeks. I was surprised at no loss of license, I thought it would be automatic after refusing a breathalyzer, but no. Just two days without the license, work privileges for another couple weeks, then back to normal. Circumstances make a difference, no accidents or property damage help too.

You can always argue that hey should have never been pulled over thus making the refusal of the breathalizer moot.

There are some wild over ractions in here talking about him losing his job and all. Its stupid, but people make mistakes and we dont know if he would of blown over the limit, you can say then why not blow, but he made his choice.

 

[gambler]

AZ is pretty tough, but a normal DUI is a max of 90 days for first offense (Extreme is .15), If you refuse, it is a 1 year suspended licesne. Funny thing is, they could get a search warrant for the blood test.

Its beatable, he wont get a dui, they didnt do the blood test, but no license for a year i think is mandatory in Oh because he refused and 3 days in jail.

But I dont think Altman gets the dui because there is no evidence.

 

[Lee]

Except he didnt take a breathelier, thus he wont get a dui, you have to understand how the law works. He will get penalties for not taking the breathalizer test, but failing a field sobriety test, weaving, speeding, wont lead to a dui.

He will be charged with test refusal not the same as a DUI, he will beat the DUI, but might just get a slap on the wrist after his attorney negotiates with the prosecutor, we will see. But money wont be an issue for him to beat this

 

[cavsfever]

@gambler -- you're back! I guess any bad news for Koby Altman is like a bat signal for you?

But if you're going to reappear here you can't just comment on DUIs, you have to give your opinion on the whole off season. When you left you were saying that we were going to lose Caris Levert for nothing? And I think that we wouldn't get any good free agents? What is your view on what actually happened?

 

[gambler]

@gambler -- you're back! I guess any bad news for Koby Altman is like a bat signal for you?

But if you're going to reappear here you can't just comment on DUIs, you have to give your opinion on the whole off season. When you left you were saying that we were going to lose Caris Levert for nothing? And I think that we wouldn't get any good free agents? What is your view on what actually happened?

i love caris levert....a-level bench player and even more so at 32/2 years...great contract. but the bottom line imo is that the cavs have three 2s and 0 3s. and anyone can have one good year as was the case of undrafted struss. and then there his his playoff stats....and thats all the matters in the nba....playoffs. unless he was injured in his 41 games his 39/32 is not good....its not good at all. and thats fine if you have some draft picks going forward and some developmental players on your bench...ok....but its not fukn fine when you go all in and youre still not close and really no way to get better. and i dont like a 200 pound suspect ankle levert having to play the majority of his minutes this year at the three because the cavs have no one else. he very well could be an accident waiting to happen as a small forward and if it does happen the cavs are done. they cant lose 30-minute levert.

the real outcome of the donovan trade...which i believe was bad... will be if lauri can put up the same numbers he had last year and if he has a relevant playoff series. and this without even taking into consideratoin to what mitchell is going to do this off-season. if lauri is able to duplicate his stats then the mitchell trade is complete failure because you essentially traded one all-star for another along wiht a boatlaod of picks because mitchell in the last two years has proven that he is not kawaii, hes not jimmy, hes not devin, hes not even jaylen.

what happens if donovan goes 30 from the 3 again this year?...three years in a row laying bricks?....

i mean there is a possibilty...maybe even a probablilty....that the cavs went all-in and never go into the tax. that is complete ass. why do a trade like this...mortgage your future... if youre not going to start the clock and go for a title run?

what was the purpose of the trade?

 

[gambler]

Except he didnt take a breathelier, thus he wont get a dui, you have to understand how the law works. He will get penalties for not taking the breathalizer test, but failing a field sobriety test, weaving, speeding, wont lead to a dui.

He will be charged with test refusal not the same as a DUI, he will beat the DUI, but might just get a slap on the wrist after his attorney negotiates with the prosecutor, we will see. But money wont be an issue for him to beat this

what youre saying makes no sense. then everyone that is over the limit and has been determined to be at-fault in an accident that results in bodily injury or death ....which is a criminal charge as opposed to simple negligence .... would refuse the test and then just get convicted of being at-fault for an accident with no jail time if deemed not to be reckless.

im pretty sure that its up to the DA and a jury of altmans peers...along with the video... that would determine if altman would be tried and convicted for drunk driving.

i think he was wise not to take the test. imo hes clearly over .10 so it would hurt him if he blew a .20 of something of that level.....if he was close to a .10 i dont think many would hold it against him.

 

[Lee]

what youre saying makes no sense. then everyone that is over the limit and has been determined to be at-fault in an accident that results in bodily injury or death ....which is a criminal charge as opposed to simple negligence .... would refuse the test and then just get convicted of being at-fault for an accident with no jail time if deemed not to be reckless.

im pretty sure that its up to the DA and a jury of altmans peers...along with the video... that would determine if altman would be tried and convicted for drunk driving.

i think he was wise not to take the test. imo hes clearly over .10 so it would hurt him if he blew a .20 of something of that level.....if he was close to a .10 i dont think many would hold it against him.

He cant be convicted of DUI. I can tell you dont have an understanding fo the law. There is zero usable evidence to convict, need a blood test. If he hit someone, they have probably cause to get a warrant to get a blood test. They even could of gotten a warrant to get the blood test, but they didnt. He will be convited of refusing to do a breathilzer at worst. Holds harsh penalties if convicted, but it wont be a DUI.

 

[gambler]

He cant be convicted of DUI. I can tell you dont have an understanding fo the law. There is zero usable evidence to convict, need a blood test. If he hit someone, they have probably cause to get a warrant to get a blood test. They even could of gotten a warrant to get the blood test, but they didnt. He will be convited of refusing to do a breathilzer at worst. Holds harsh penalties if convicted, but it wont be a DUI.

Can I Be Charged for a DUI Without Blood Alcohol Evidence?

Although DUI/DWI law can vary from one state to the next, a person can still be prosecuted and convicted for DUI even though a chemical test of the person’s bodily

www.criminaldefenselawyer.com

im assuming that the video is usable evidence. i agree with you that the DA is probably not going to prosecute altman for drunk driving but im pretty sure that he clearly can.

hes not completely hammered but i dont see a convincing argument that a jury of his peers would in no way determine altman to not be legally over the limit from watching that video. if he caused an accident and someone was sevely injured im farily confident that koby would go on trial for criminal drunk driving test or no test....and he was at dinner...maybe a restaurant...theres a receipt....maybe even video.

regardless, smart move not to take the test if he was close to a .20. on his birthday. the backlash he would receive from that....41 yrs old, president of a 2bln dollar company.....wife ....kid....you blow a .10 that could be construed as more of a timing issue.....a .20....thats pretty stupid....like 4 shots and 4 beers in an hour. ..you know you cant drive.

 

[Lee]

Can I Be Charged for a DUI Without Blood Alcohol Evidence?

Although DUI/DWI law can vary from one state to the next, a person can still be prosecuted and convicted for DUI even though a chemical test of the person’s bodily

www.criminaldefenselawyer.com

im assuming that the video is usable evidence. i agree with you that the DA is probably not going to prosecute altman for drunk driving but im pretty sure that he clearly can.

hes not completely hammered but i dont see a convincing argument that a jury of his peers would in no way determine altman to not be legally over the limit from watching that video. if he caused an accident and someone was sevely injured im farily confident that koby would go on trial for criminal drunk driving test or no test....and he was at dinner...maybe a restaurant...theres a receipt....maybe even video.

regardless, smart move not to take the test if he was close to a .20. on his birthday. the backlash he would receive from that....41 yrs old, president of a 2bln dollar company.....wife ....kid....you blow a .10 that could be construed as more of a timing issue.....a .20....thats pretty stupid....like 4 shots and 4 beers in an hour. ..you know you cant drive.

The video is 100% usable, but that is not evidence he is drunk....blood test is the only acceptable evidence. They could of used the video to a judge to get a warrant, they chose not to

 

[gambler]

The video is 100% usable, but that is not evidence he is drunk....blood test is the only acceptable evidence. They could of used the video to a judge to get a warrant, they chose not to

DUI/DWI law varies from one state to the next. And, in most DUI cases, the driver submits to a blood, breath, or urine test as required by implied consent laws. However, in every state, a person can still be prosecuted and convicted for DUI without chemical test results showing the amount of drugs or alcohol in the person's system.


im guessing the video is circumstantial and much harder to convict but if altman was at a resturant with video...they calculate the numbers of drinks per hour collobrated with the wait staff/bartender testimony.....no way someone can say he would not get convicted. like you said altman being prosecuted is probably not going to happen anyway but if there was an accident causing serious bodily injury or death, imo, i would be amazed if the the DA would not go after him test or no test.

 

[Rich]

You can be convicted of an OVI in Ohio w/o chemical evidence.

The very first subsection of the OVI law is a catch-all just for that purpose.

“under the influence of alcohol, a drug of abuse, or a combination of them.”

That's section A. Section B and onwards deals with chemical testing numbers. But that first section is the one that they would use against you if there is no chemical evidence.

The video is evidence. The officers eye witness testimony is evidence. If they can get witnesses from the restaurant, that's more potential evidence.

 

[eChameleon]

I have less than zero tolerance for drunk drivers after losing a friend to such an accident in 2020. Fire this guy with haste.

 

[Rich]

Honestly the video is fairly damning that I could see, in some off chance, him getting fired.

I'm, at this point, expecting some sort of suspension type of disciplinary action though.