Category Archives: 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith

x 49er Aldon Smith in Court today 2:00PM

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Update: 2:15 PM Peoples motion to continue Granted, Next Court Date February 8, 2022 9:00 AM

21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith 

2PM Courtroom 8B Judge Michael Wendler, Defense Attorney Josh Bentley

Preliminary Hearing

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Aldon Smith has Both of these 2 conditions.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Most DUI cases are prosecuted as misdemeanors. But the offense may be charged as a felony if someone is injured or you have four (4) or more prior DUIs on your record.3 Some convictions carry jail time for California DUIs.

Why is his case being charged as a misdemeanor? 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith

Where was he for over 5 hours after the accident at 1:27 P.M. on December 6, 2021 before he got booked into SMC Jail?

What time was the BAC .288 recorded?

What time did he contact Defense Attorney Joshua Bentley?

Aldon Smith’s next court date is January 26, 2022 at 2 P.M.

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Aldon Smith Refused a field sobriety test.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Aldon Smith was arrested by the California Highway Patrol on December 6, 2021 on Farm Hill Blvd, Redwood City, San Mateo County, California. He crashed his vehicle into a Recology Truck injuring the driver.

Silicon Valley.com Reporter Michael Nowels reported his BAC was .288

What is Not known is what time did he finally take the test?

According to the Chart below Aldon Smith should lose his California Drivers License for 3 years and he should be in Jail for an additional 18 days. Hopefully the Silicon Valley .com News provider will follow up on this topic.

If you refuse to submit to a DUI breath test after being lawfully arrested for driving under the influence in California, you will face penalties for a chemical test refusal.

The major consequences of a chemical test refusal in California are: 1) increased penalties in addition to the standard California DUI penalties, and 2) a mandatory driver’s license suspension that will occur regardless of the outcome in your DUI case.

This is because of California’s “implied consent” law. Under this law, you have no right to refuse a DUI breath test once you are lawfully arrested for DUI.

Traditionally, California’s “implied consent law” applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has suggested that defendants may not be penalized for refusing to take blood tests in cases where the police have not obtained a warrant.

The following chart clarifies the additional penalties that will accompany a DUI conviction if you refuse to take a DUI breath test.

Number of Prior DUIs in the Past 10 YearsAdditional Jail Time for Refusing a Breath TestLicense Suspension/Revocation for Chemical Test Refusal
048 extra hours in jail; six extra months of required DUI school1-year license suspension
196 extra hours in jail2-year license revocation
210 extra days in jail3-year license revocation
3 or more18 extra days in jail3-year license revocation
Number of Prior DUIs in the Past 10 YearsPenalties for Refusing a Breath Test
048 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension
196 extra hours in jail; 2-year driver’s license revocation
210 extra days in jail; 3-year driver’s license revocation
3 or more18 extra days in jail; 3-year driver’s license revocation

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Aldon Smith 21SM014538A a “Those Who Matter” case was in SMC Superior Court Yesterday.

By Michael G. Stogner

Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.

Aldon Smith’s BAC was .288 according to SJMN reporter Michael Nowels. It should be noted we don’t know how many hours passed since he crashed and the test was finally taken.

The Hon. Judge Stephanie Garratt was supposed to hear the case that was on calendar for 9:00 AM

Defense Attorney Joshua Bentley was supposed to appear either in person or on ZOOM.

Defendant Aldon Smith was supposed to appear.

That’s all I can report at this moment, the Court Clerk has not entered the results into the Odyssey Portal Data Base yet. He or she was able to enter the results of other cases in that courtroom yesterday.

If the Public Access by Telephone had not been discontinued on November 22, 2021, I would have been able to report the results yesterday morning.

Update: 12:05 PM 1/05/2022

The DDA was Heather Marie Finlayson #289930, and Defense Attorney Joshua Bentley appeared in person on behalf of his client who appeared via Zoom.

The matter did not proceed to an evidentiary hearing.

Time was not waived, and the matter was continued until 1/26/22 at 2:00 P.M. because of an unavailable witness. The defendant remains on bail, and was ordered to return.

He was also ordered to wear a SCRAM alcohol monitoring device.  

In 2018 Mr. Smith was wearing a SCRAM alcohol monitoring device when he was arrested for another DUI with a BAC of .40 FIVE times the legal limit.

Next Court date: Preliminary Hearing January 26, 2022 @ 2 P.M.

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Aldon Smith, x49er, xRaider, xSeahawks, xDallas Cowboy, in San Mateo County Court Today.

By Michael G. Stogner

21-SM-014538-A

Aldon Smith needs HELP not Enablers.

TMZ Sports was first to report his December 6, 2021 arrest by the CHP in Redwood City,

Details surrounding the arrest are unclear.” Welcome to San Mateo County, That is the first of many RED FLAGS.

Aldon Smith might have been kicked off of several NFL TEAMS but he is on the “Those Who Matter” TEAM, in SMC. That is the Last Thing he needs.

His Defense Attorney Joshua Bentley is most likely on his cell phone speed dial. Sheriff Carlos G. Bolanos and District Attorney Steve Wagstaffe numbers are on Joshua Bentley’s speed dial.

TMZ reported “Details surrounding the arrest are unclear.” How is that possible in 2021. What could be unclear about an arrest that takes place around 2:30 PM and Booked in jail at 7:38 PM. Where was Aldon Smith for those 5 hours?

What date and time did San Mateo County Sheriff Carlos G. Bolanos provide the 760,000 residents with a Press/News Release of Aldon Smith’s ARREST for DUI BAC .288 which is over 3 times the legal limit? Sheriff Bolanos Never did provide that information, WHY?

In 2018 Aldon Smith was arrested for DUI with a BAC of .40 which is 5 times the legal limit, and that happened with him wearing a SCRAM device.

Why did San Mateo County District Attorney Steve Wagstaffe file this FELONY criminal case as a Misdemeanor? 21-SM-014538-A The People of the State of California vs. Aldon Jacarus Ramon Smith

The “Those Who Matter” TEAM also includes Superior Court of California County of San Mateo Judges.

November 22, 2021 the Court Public Access Telephone Service has been discontinued. The SMC Judges Invite you to attend in PERSON. I recommend any member of the public who is considering going into the 400 County Center Building, in Redwood City, California, First Google the word PANDEMIC.

This case is being heard at 9:00 AM in Courtroom 8B by the Hon. Judge Stephanie Garratt.

Hon. Judge Stephanie Garratt is the Judge that on July 2, 2018 GRANTED the San Mateo County District Attorney Office MOTION to DISMISS the ENTIRE Zainali Jaffer criminal case AFTER it had already had a Preliminary Hearing and evidence and testimony was heard and ALL CHARGES were approved.

Don’t expect this Felony Criminal Case to go much different, than the Sheriff Sergeant Lou Aquino DUI case, the Zainali Jaffer Criminal Case, or the San Mateo County Sheriff Activities League (SAL) Embezzlement & Money Laundering Criminal Case with Barbara Bonilla being the only person charged when there were others.

I’ll post update as soon as I get it.

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San Mateo County Courts, New COVID-19 Closures. Open the Public Access Phone Lines again.

By Michael G. Stogner

Everybody and their mother knew this was going to happen.


Notice of Emergency Local Rule 3-101 temporarily suspending civil ex parte

UPDATED DECEMBER 30, 2021 COVID-Related Rescheduling of Hearings Temporary Courtroom Closure 1/3/2022 through 1/14/2022: Please click here for more information. CIVIL EX PARTES: Pursuant to Emergency Local Rule 3-101, effective January 1, 2022, all ex partes in civil law and motion matters are temporarily suspended until further order of the Court. Please click here for Civil Division information: http://www.sanmateocourt.org/court_divisions/civil/. CRIMINAL: All Preliminary Hearings currently scheduled between 1/3/2022 and 1/14/2022 will be heard at the Southern Courthouse at 400 County Center in Redwood City. If your Preliminary Hearing is scheduled for the Northern Courthouse in South San Francisco, you should appear on the same scheduled date and time at 400 County Center in Redwood City, not South San Francisco.
Please click here for Criminal Division information: http://www.sanmateocourt.org/court_divisions/criminal/. SMALL CLAIMS: All small claims hearings currently scheduled at 1:30 PM and 5:30 PM between 1/3/2022 and 1/14/2022 will be rescheduled to a later date. A notice of new hearing dates will be mailed to impacted parties. Please click here for Small Claims Division information: http://www.sanmateocourt.org/court_divisions/small_claims/.TRAFFIC: All traffic arraignment and court trial hearings currently scheduled between 1/3/2022 and 1/14/2022 will be rescheduled to a later date. Customers will receive their new date in the mail, sent to the address on the citation. 
Please click here for Traffic Division information:  http://www.sanmateocourt.org/court_divisions/traffic

UPDATED NOVEMBER 22, 2021 Public Access Policy Updated 11/22/21 – The listen-only public access lines are no longer in effect; proceedings are open to the public to attend in person.

San Mateo County Superior Court is committed to continuing public access to court proceedings during and after the pandemic emergency. Due to COVID-19 and public health concerns, the Court has shifted to convene some court proceedings remotely in order to eliminate the need for individuals to attend hearings in person. This is to reduce the number of visits by the public to the courthouses, thereby minimizing potential infection of the public and staff. 

At this time, members of the public may attend a court proceeding in person. The Court is committed to maintaining a safe workplace for our staff and the public. Each courtroom can accommodate a different number of seats in the audience. You will need to check-in with the bailiff when you enter the courtroom. The bailiff will inform you as to whether or not there is an available seat, or if capacity has been reached. If capacity has been reached, you may remain outside the courtroom until someone leaves. Face coverings are required at all times inside the courthouse.

Zoom may not be used for public access without the approval of the judicial officer.

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X 49er Aldon Smith BAC was reported to be .288

By Michael G. Stogner

21-SM-014538-A

This is a “Those who Matter” case, San Mateo County Sheriff Carlos G. Bolanos provided NO BOOKING PHOTO or PRESS/NEWS RELEASE of the arrest. Why?

That is the first Tell. The 2nd Tell is Defense Attorney Josh Bentley, The 3rd Tell District Attorney Steve Wagstaffe filed this case as a Misdemeanor 21-SM instead of a 21-SF which is a FELONY.

Smith declined a field sobriety test but later took a blood test that showed a blood-alcohol content of .288 percent, District Attorney Stephen Wagstaffe confirmed Thursday. Smith spent the night in jail. (source San Jose Mercury News Michael Nowels)

By declining a sobriety test at the scene, you forfeit California Drivers License for 1 year, unless you are one of the “Those Who Matter” TEAM.

If he was a BAC of .288 why is he charged with a 0.08?

San Mateo County has a First Chance DUI program for 1st time offenders. To my knowledge it does not have a 4th or 5th Chance DUI Program.

San Mateo County does have Defense Attorney Josh Bentley, Watch this case, it is going to be exciting.

TMZ was the first to report the arrest on December 6, 2021.

When I say watch this case, I mean show up to Court IN PERSON. A reasonable thinking person would know that there is a COVID-19 Pandemic in San Mateo County at this time. Listening by phone to the Court Hearings would be a lot safer you would think. Superior Court of California County of San Mateo Presiding Judge Leland Davis III thinks just the opposite. He cancelled Public Access by Telephone on November 22, 2021.

If you do attend the next Court date don’t be surprised if Aldon Smith and Josh Bentley appear remotely for safety reasons. Who would blame them. Stay Safe

Next court date January 4, 2022

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