Category Archives: Aldon Smith case nunber 21-SM-014538-A

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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Hon. Judge Kevin E. Dunleavy, x NFL Player Aldon Smith and SCRAM device.

By Michael G. Stogner

21-SM-014538-A

Attorney Joshua Bentley and Aldon Smith

I’m just curious what did the Honorable Judge Kevin E. Dunleavy assume or expect the SCRAM device on Aldon Smith’s leg to accomplish as a condition of Bond.

In 2018 Aldon Smith was arrested for a DUI with a BAC of .40 which is FIVE times the legal limit. By the way he was wearing a SCRAM at the time and it worked just fine.

Defense Attorney Josh Bentley knew this information, did he share this with Judge Dunleavy?

  • 12/21/2021 Arraignment Original Type
    Arraignment Judicial Officer
    Dunleavy, Kevin E.Hearing Time 9:00 AM Result
    Arraigned Parties Present Defendant: Smith, Aldon Jacarus Ramon Attorney: BENTLEY, JOSHUA M.
  • 12/21/2021 Party appeared by audio and/or video Comment
    Defendant
  • 12/21/2021 Defendant waives their right to be personally present Comment
    pursuant to Emergency Rule 3
  • 12/21/2021 Arraignment waived on the amended complaint.
  • 12/21/2021 Advisement of Rights
  • 12/21/2021 Defendant ordered to return.
  • 12/21/2021 Defendant remains on bail. Comment
    Term of bail is to install SCRAM within 48 hours – proof to probation
  • 12/21/2021 Proof of Enrollment Comment
    Proof of SCRAM

TMZ Article dated April 11, 2018 BAC .40 SCRAM

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