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.
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 Years
Additional Jail Time for Refusing a Breath Test
License Suspension/Revocation for Chemical Test Refusal
48 extra hours in jail; six extra months of required DUI school
1-year license suspension
96 extra hours in jail
2-year license revocation
10 extra days in jail
3-year license revocation
3 or more
18 extra days in jail
3-year license revocation
Number of Prior DUIs in the Past 10 Years
Penalties for Refusing a Breath Test
48 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension
96 extra hours in jail; 2-year driver’s license revocation
10 extra days in jail; 3-year driver’s license revocation
3 or more
18 extra days in jail; 3-year driver’s license revocation
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.
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.
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
VC23222(a)-INF-Possession of Open Container While Driving
VC23222(b)(1)-INF-Possession Of Marijuana In Open Container While Driving
VC23550-PR-Prior – Driving Under the Influence within Ten Years of Three other Dui Violations
Next Court Date 01/04/2022 Preliminary Hearing 9:00 AM
Aldon Smith was arrested on Farm Hill Blvd, Redwood City on December 6, 2021 by the CHP for DUI causing personal injury, he was involved in a 2 vehicle accident at 2:17 PM. He refused a breath/blood test. By refusing to provide Breath/Blood samples, Those of Us who don’t Matter lose our California Drivers License for a period of 1 year. Not sure what if anything happened to his Drivers License.
He was booked into Maquire Correctional Facilities at 7:38 PM. Where was he for 5 hours and 21 minutes?
According to District Attorney Steve Wagstaffe, He later provided a blood sample and tested .2 blood alcohol level. How much later? What time was this test taken? Had he already contacted his defense attorney Josh Bentley by then?
The San Mateo County Sheriff’s Office has NO Press Release or News Release of his arrest. Why?
In 2014 Errol Chang was killed inside his home in Pacifica by two Daly City Police Swat Team Officers. They were both ordered to enter the tiny home by who knows who of the Daly City Swat Command after being on scene for only 6 hours. They entered and assaulted Errol’s space and shot him in the chest 8 times killing him on the spot.
The Pacifica Police on the other hand did everything right. They were first on the scene and were in communication with Errol and his family members and nobody got hurt and they tried to calm him down to get him the help his family was trying to accomplish.
The question I have for Who knows Who in charge of the Daly City Swat Team that night is, What was your hurry?What did you think was going to happen when your two guys broke into the only safe space Errol had? What was your Plan?
Attorney Steve Wagstaffe said:
Officers Mario Busalacchi and Stephen Woelkers “undoubtedly saved the life” of Busalacchi by shooting and killing 34-year-old Errol Chang in the home he shared with his mother at 384 San Pedro Ave.
Daly City’s “Who knows Who,” could have saved Errol Chang’s life by not ordering Busalacchi & Woelkers into the house in the first place.
A special note and commendation for the conduct of Officers Busalacchi and Woelkers must be made. It is our belief that both officers conducted themselves in a professional, reasonable and proper manner and to the last moment sought to avoid the very result demanded by the conduct of Errol Chang. The reaction of both officers to the threat of imminent death to Ofr. Busalacchi is to be commended. Officer Busalacchi faced a remarkably dangerous situation, knowing that an angry, irrational and armed man was now raising the knife to stab him again. When he found it necessary to resort to lethal force, he did so in a manner that probably saved his own life. Ofr. Woelker’s conduct in seeking to prevent further attack and the likely death of his fellow officer was equally commendable. The conduct of the officers in this case can only be described as exemplary and the community was well served by their actions.
Daly City Police Department provided assistance with the investigation. Any reasonable person would know that this is a Bad Idea aka known as a Huge Conflict of Interest.
I hope you noticed what I call Wagstaffe 101 “very result demanded by the conduct of Errol Chang,” Always blame the deceased for his/her own death.
I don’t think Daly City Swat Officers deserve any commendation for following orders they knew meant finish this and kill him. When you put yourself in harms way, and then kill the person I don’t think that is bravery.
This Swat Team assault on the home after only six hours should be compared with the Redwood City Police and San Mateo County Sheriff Swat Teams combined 17.5 hour Standoff of James (Jim) McGee in Redwood City. Totally different outcome. Walked out said hi to his friends he was former RWCPD Officer nobody injured, no doors smashed in you get the picture.
I can’t think of a more Important Story to write about on this day. Sure there are many other subjects like who is going to be the President of the United States of America. Let me tell you why I choose to write about former Deputy Juan P. Lopez on this day.
For me there is no more Important subject in San Mateo County than Corruption, and Abuse of Authority and Office.
I was on the phone with Juan Lopez when he was Arrested with guns to his head Six Years ago. That’s right I said Six Years ago.
Zain Jaffer was Arrested for Attempted Murder and 6 Felonies. His Criminal case went through the San Mateo County Justice System in less than 9 months, and that included the Preliminary Hearing where all charges were approved by the Evidence and Testimony presented in Court. The Attempted Murder Charge was never charged by the District Attorney’s Office for some reason. Arrested October 15, 2017 DISMISSED July 2,2018.
I was hoping to hear from Zain Jaffer by now to share with him some cases of abuse by the District Attorney’s Office, Wrongfully Charged, Over Charged etc. As he claimed he was interested in helping now that he knew how it felt to be Wrongfully Charged. Per his prepared statement made July 2, 2018. Matthews Craves, Vincent Valencia, and of course Sheriff Deputy Juan P. Lopez are just a few of the many cases I can think of.
San Mateo County Sheriff Sergeant Michael Otte who worked in Half Moon Bay Patrol Committed Perjury in Judge Lisa Novak’s Courtroom, He was on the Witness Stand under oath and he lied about videoing with his cellphone the arrest of a female Half Moon Bay Resident. The Judge, Sheriff Office, District Attorney’s Office, and David Silberman of the San Mateo Counsel were and still are aware of the PERJURY. Sergeant Michael Otte was never charged as a matter of fact Sheriff Carlos G. Bolanos not only allowed him to retire he gave him a retirement send off.
San Mateo County Sheriff Sergeant Louis Aquino Arrested by Redwood City Police Department for DUI. RWCPD has two Daily Activity Log records. His arrest was not made public. I was the first to report it.
San Mateo County Sheriff Lt. Kristina Bell 911 Domestic Violence Call to her residence by her partner, Redwood City Police at her home for hours. No ARREST made. Violation of San Mateo County Domestic Violence Policy. This response by RWCPD was not made public by the Police Department. I was the first to report it.
San Mateo County Sheriff Employee Barbara Bonilla who was the Executive Director of the Sheriff Activities League was escorted out of her office on Feb. 10, 2020, She has resigned from the Sheriff’s Office which is a Big Deal, She has been removed from the State PAL and Federal PAL Boards. The Sheriff’s Office and the Department of Justice have and are Investigating her for Embezzlement and Laundering of SAL Funds. She has not been charged with any crime yet. That’s 10 months of a “Those Who Matter” person not being charged by the DOJ. That is longer than the Zain Jaffer case from Arrest to DISSMISSAL. I was the first to report it.
The Department of Justice has received a letter from the City of Half Moon Bay requesting an Independent Criminal Investigation of the Sandra L. Harmon Homicide by Sheriff Deputies on May 5, 2020. This is a Historical Request by a City Council and it is Very Healthy to question Authority especially when so many False statements by Sheriff Carlos G. Bolanos and District Attorney Steve Wagstaffe were made to the Public.
San Mateo County Sheriff Sergeant Jason Peardon recently received a Distinguished Medal from Sheriff Carlos G. Bolanos. I have publicly stated and written about Sergeant Jason Peardon being a Brady Officer. The City of Belmont has finally provided the Court with the documents that Juan Lopez’s attorney had to sue them to provide. He will be on the Witness stand in the Juan P. Lopez Criminal Trial hopefully going before a JURY soon.
Some of you know I have been recommending an AUDIT of the Sheriff’s Office, District Attorney’s Office, Coroner’s Office, Private Defender Program etc. Audits are the easiest way to assure honesty in the performance of these offices San Mateo County.
San Mateo County has no Print Media interested in providing this information.
Please follow the Deputy Sheriff Juan P. Lopez case. November 16, 2020 set for Jury Trial, I’ll update. Remember if they can do this to a Sheriff Deputy they can do this to YOU.
San Mateo County Sheriff Carlos G. Bolanos told the City of San Carlos Leaders “He could not recall an issue justifying spending money on an oversight system.”
Nobody is asking for a System. Carlos G. Bolanos has a history of misleading the public.
Here is just a short list of ISSUES that come to mind.
Sandra Harmon May 05, 2020 Killed by Sheriff Deputies, Deputy Dominguez firing 5 shots at Unarmed with Hands Up above her head. He Bolanos claims she fired her 2 shot shotgun at Dominguez while he was taking cover behind his patrol car which was parked sideways. Not a mark or scratch on the patrol car of the Deputy. He claims Deputy Dominguez did not turn on his Body Worn Camera and that is why there is NO EVIDENCE provided to prove Sandra Harmon fired ANY shots.
At the 8:02-8:08 mark you will see Sandra Harmon Unarmed with hands above her head and you will hear 5 shots being fired at her.
February 10, 2020 SAL Executive Director Barbara Bonilla was escorted out of her office and is being investigated for embezzlement. She was Sheriff Bolanos’s Campaign Manager in the 2018 election. She has resigned from the Sheriff’s office since Why? She she hasn’t been charged with any crime. She has been removed from State and National PAL Boards.
September 14, 2019 Redwood City Police arrested SMCSO Sergeant Luis Aquino for DUI and refusing to take both blood and breath test. Sheriff Bolanos and David Silberman refused to provide his Booking photo. San Carlos: An additional $50,000 was also approved for DUI services.
October 3, 2018 Chinedu V. Okobi Homicide in Custody just like George Floyd, No 911 Call, just a Moorehouse Graduate and father walking on the sidewalk in the middle of the day, No crime committed before Deputy Wang got attracted to him a large Black Man he was dead minutes later.
December 31, 2018 San Mateo County Deputy Heather Diaz Coroner “I have determined the manner of Death to be Homicide.”
HOMICIDE PROTOCOL* 36 year old male involved in a physical altercation with San Mateo County Sheriff’s deputies. March 1, 2019 District Attorney Steve Wagstaffe confirmed it was a Homicide at the very end of his Press Conference where he announced no criminal charges would be filed. KQED, CBS5, and San Mateo County News.com all reported Homicide.
One ISSUE was the many False Statements provided to the Public by Sheriff Carlos G. Bolanos per his News Releases dated October 3, 2018 and March 1, 2019.
June 3, 2014 Yanira Serrano killed by Deputy within 20 seconds of getting out of his patrol car. It was a non emergency 911 call for medical assistance.
2014 Lets not forget what Carlos G. Bolanos and many others have done to destroy former Sherif Deputy Juan P. Lopez since he filed to run for Sheriff of San Mateo County. Smuggling a Cellphone and Drugs to a gang member in Jail. Sure he did, 100% False Charges.
2009/10 San Mateo County Sheriff Male staff 46 of them sharing Porn and Rape video on County Computers.
April 21, 2007 Operation Dollhouse, Las Vegas Nevada
Regarding Citizen Oversight and or an Audit of his work
Sheriff Bolanos said he was open to but felt removed accountability from leaders of organizations. I have no idea what that means
“I believe they’re dysfunctional primarily because you have people who are not experts in certain fields making determination on what is appropriate or not,”
“With me as an elected official the voters have the greatest civilian oversight and can replace me with someone else.”
How would the voters ever know what he is doing or how he is doing it without an Audit.
San Mateo County Sheriff Office released the Booking photo of Sheriff Deputy Juan Pablo Lopez the day he was arrested which is exactly what the Sheriff Office is expected to do. Booking Photos belong to the Public.
Sheriff Deputy Juan Pablo Lopez was Booked into jail, fingerprinted and photographed. He was charged with Smuggling a Cell-Phone and Drugs into Maguire Jail where he worked and he gave them to a Hells Angel Gang Member according to the Sheriff and District Attorney. That was over 5 years ago, There was never any evidence that those allegations were true or accurate. That is Outrageous Government Conduct, and Prosecutorial Misconduct.
San Mateo County Sheriff Sergeant Luis Dejesus Aquino was arrested for DUI September 14, 2019 @ 11:30 PM by the Redwood City Police Department on Broadway near the Deputy Sheriff Association building which has a bar in it. He refused both Blood and Breath test which according to DMV website is a Suspension of Drivers License for a 1 year period. The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV.
It’s not clear that Redwood City Police Officer’s took his Drivers License away from him or not at this time.
What is clear is that the Sheriff’s Office has refused to provide the Booking Photo.
The Supervisors of San Mateo County are the Oversight for the Residents.
Was Sheriff Sergeant Aquino Under-Charged and given Special treatment?
Dave Pine <email@example.com>To:Michael StognerFri, Dec 6, 2019 at 10:41 AM
See Sheriff Carlos G. Bolanos and PIO Rosemerry Blankswade do release the Booking photos of some people arrested in San Mateo County. They both are still refusing to release the Booking photo of Sheriff Sergeant Lou Aquino who was arrested September 2019 by the Redwood City Police Department for DUI and refusing both Breath and Blood tests. Could you please ask both of them to explain why? Thank You Michael G. StognerSan Mateo County News.com
I’m still waiting.
The next Court Date for Sheriff Sergeant Aquino was April 6, 2020 but you can take that off of your calendar The D.A’s Office, Joshua Bentley and the Judge have quietly no reporters completed this DUI case this Wednesday.