Category Archives: Aldon Smith

Aldon Smith DUI Trial Today 9:00 AM Hon. Judge Leland Davis III will be the Judge and JURY.

By Michael G. Stogner

You don’t see that every day. Why would a defendant choose a Judge over 12 members of the public?

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

Aldon Smith and his Defense attorney Josh Bentley have decided to have the Honorable Judge Leland Davis III to be the Judge and Jury for his DUI with serious injury case.

You will recall there was a lot of special treatment for this former NFL player that most San Mateo County Residents arrested for a DUI with serious bodily injury would NOT receive. This was reported to be his 5th DUI.

SMCN.com December 28, 2021 Article

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Aldon Smith in Courtroom 2 A at 8:30 AM Today.

By Michael G. Stogner

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

Update: Jury Trial has been waived the Trial will be heard by Judge Leland Davis III on Monday October 17, 2022 9:00 AM Time estimated for the entire trial is ONE DAY.

Case Number
21-SF-014538-A

Court
Criminal

File Date
03/04/2022

Case Type
Information

Case Status
Active

Party

Defendant 
Smith, Aldon Jacarus Ramon

DOB
XX/XX/XXXX

Active Attorneys

Lead Attorney

BENTLEY, JOSHUA M.

Retained


Charge

Charges
Smith, Aldon Jacarus Ramon

  DescriptionStatuteLevelDate
001VC23153(a)-FEL-Driving Under The Influence Of An Alcoholic Beverage Causing Injury23153(a)Felony12/06/2021
001VC23577(a)(4)-ENH-Special Allegation – Refusal to Submit to Chemical Test23577(a)(4)Enhancement12/06/2021
002VC23153(b)-FEL-Driving With A .08% Blood Alcohol Content Causing Injury23153(b)Felony12/06/2021
002VC23578-ENH-Special Allegation-Excess Blood Alcohol23578Enhancement12/06/2021
002VC23577(a)(4)-ENH-Special Allegation – Refusal to Submit to Chemical Test23577(a)(4)Enhancement12/06/2021
002VC23546-PR-DUI with Prior Within 10 years23546Prior12/06/2021
003VC12500(a)-MISD-Driving A Motor Vehicle Without A Valid Driver’s License12500(a)Misdemeanor12/06/2021
004VC23222(a)-INF-Possession of Open Container While Driving23222(a)Infraction12/06/2021
005VC23222(b)(1)-INF-Possession Of Marijuana In Open Container While Driving23222(b)(1)Infraction12/06/2021
  • 10/14/2022 Trial Readiness Conference Judicial Officer
    Hill, Elizabeth M.
  • Hearing Time 8:30 AM

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Aldon Smith in Court Today 8:30 AM 2A for Proof of SCRAM.

By Michael G. Stogner

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

Aldon Smith was in court just last week and it looks like the District Attorney’s Office made him an Offer that was recited in court. It would be really nice to know what that offer was, wouldn’t it.

  • 07/11/2022 Pretrial Conference Original Type
    Pretrial ConferenceJudicial Officer(s)
    Hill, Elizabeth M., Ayoob, Donald J.Hearing Time
    1:30 PMResult
    HeldParties PresentDefendantAttorney: BENTLEY, JOSHUA M.
  • 07/11/2022 Waiver of personal appearance
  • 07/11/2022 Conference held.
  • 07/11/2022 Time continues to be waived.
  • 07/11/2022 Jury Trial Confirmed
  • 07/11/2022 Offer recited on the record
  • 07/11/2022 Previous dates remain as set
  • 07/15/2022 Further Proceedings Judicial Officer
    Hill, Elizabeth M.Hearing Time
    8:30 AMComment
    Proof of scram
  • 10/14/2022 Trial Readiness Conference Judicial Officer
    Crim PJ Trial Readiness, -Hearing Time
    8:30 AM

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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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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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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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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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SMC Sheriff Sgt. Lou Aquino Arrested for DUI, by Redwood City Police

IMG_1207

By Michael G. Stogner

Next Court Date is March 2, 2020 1:30 PM

19-SM-013492-A Case number.

Update 2/23/2020 Still no response from Sheriff Carlos G. Bolanos or Rosemerry Blankswade PIO for the Sheriff’s Office. Why?

Update 11/4/2019: Sheriff Carlos G. Bolanos & PIO Rosemerry Blankswade refuse to respond. Why?

Michael Stogner <michaelgstogner@yahoo.com>
Booking Photo of Sergeant Lou Aquino DUI arrest
To:SHERIFFS_PIO
Cc:Dave Pine,David CanepaDon HorsleyCarole Groom,Warren Slocum and 1 more…
Oct 28 at 7:27 AM
Hello Rosemerry,
Could you please provide me with that photo or an explanation as to why the Sheriff’s Office does not think they need to.
Can you confirm his Driver’s License has been suspended for refusing the chemical test?
Is he on Administrative Leave or is he on his normal duty?
Thank You
Michael G. Stogner
San Mateo County News.com

Update: 10/24/2019 Congratulations to the Palo Alto Daily Post for their Front Page Story on Sheriff Sergeant Lou Aquino’s DUI Arrest on September 14, 2019. That is 23 days after the SMCN.com article. They are the only one of 7 Print Media in San Mateo County to inform the public. The San Mateo Daily Journal placed it on the Website version I asked Jon Mays if he published it in print copy he has not responded. Sheriff Carlos G. Bolanos and PIO Rosemary Blankswade refuse to even respond to my request for his Booking Photo.

Update 10/21/2019 There is no blood alcohol result because he refused to submit to a chemical test as required by law. This means for the ordinary resident your Drivers License is suspended for 1 year.

Update: 10/17/2019 Sheriff Bolanos and PIO Rosemerry refuse to even respond to my e-mail request for Booking Photo. Why? It’s public information.

Update: 10/02/2019 9:40PM The court appearance date is October 23, 2019

I know when you read the date below you are going to think this is old News and you are correct. I will say that I am the first News Media to inform the public about it, this is an example of a Those Who Matter case. Special Treatment, What the public doesn’t know won’t hurt them etc. No statement from Sheriff Carlos G. Bolanos, No statement and even more important No Charges by District Attorney Steve Wagstaffe, Why?

Steve Wagstaffe informed me this morning 10/02/2019 that his office has not received the case from Redwood City Police Department and that would explain why No Charges if it were true, so I sent RWCP an e-mail. Gary Kirk responded RCPD filed the case with the DA’s Office on September 23rd. On September 27th, we received a request for additional information for prosecution from the issuing DA. You may want to call them back to clarify the information they provided. The DA’s case number is 0811082.

September 14, 2019 The Redwood City Police Department arrested San Mateo County Sheriff Sergeant Luis Dejesus Aquino for DUI last week after he crashed a car (not his) the car belonged to San Mateo County Sheriff Lieutenant Victoria A. O’Brian.  Location of arrest was Broadway/Arguello St, which just happens to be where the DSA building is located. The arresting Officers transported him to First Chance in Burlingame where he was refused acceptance reason being he was to “Belligerent”. He was than transported to Maguire Jail where he was booked. He had attended a retirement celebration at the Deputy Sheriff Association (DSA) Building on Broadway Street Redwood City, prior to being arrested. So much for “Friends don’t let Friends Drive Drunk.” or “Let me call an UBER, Lyft or a Cab for you.” Better yet “I’ll drive you home.”

His attorney is Josh Bentley. You might ask why do you need an attorney if No Criminal charges are filed? Who called Mr. Bentley and When?

Redwood City Police did respond to my inquiry of the DUI Arrest of Sergeant Lou Aquino and confirmed it. Thank you RWCPD.

SMC Sheriff Carlos G. Bolanos has refused to provide me with the Booking photo. He has remained Silent on Sheriff Sergeant Lou Aquinos’ arrest. Here is what he was saying just two weeks before the arrest.

“Labor Day should be a time for friends and family to come together to enjoy the last days of summer,” said Sheriff Carlos Bolanos. “We need commitment from our community members that they’ll keep the streets free of drunk drivers so that everyone can have a safe holiday. This is a campaign to get the message out that drunk driving is illegal and it takes lives. Help us put an end to this senseless behavior,” he said. 

The San Mateo County Sheriff’s Office and NHTSA are reminding citizens of the many resources available to get them home safely. “Drunk driving is not acceptable behavior,” said Sheriff Carlos Bolanos. “It is essential to plan a sober ride home before you ever leave for the party. That’s why, during the Labor Day holiday, we will make zero exceptions for drunk driving. There are just no excuses,” he said. 

San Mateo County Sheriff Det. Rosemerry Blankswade Press Release 2 weeks before Sgt. Aquino’s Arrest.

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