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.
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
Sheriff Carlos G. BolanosWonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.
Remember Sheriff Bolanos did not release a Booking Photo, or Press Release and his whereabouts for over 5 hours is still a mystery.
SMCSO Sergeant Lou Aquino DUI Arrest by RWCPD
The same thing happened when San Mateo County Sheriff Sergeant Lou Aquino was arrested, NO BOOKING Photo or Press Release by Sheriff Carlos Bolanos. San Mateo County News.com was the first News and Information source to report it.
Sheriff Carlos G. Bolanos is now a Candidate for Re-Election in the June 7, 2022 Election.
This would be the perfect time for the Public to ask him why does he protect certain people who get arrested in San Mateo County?
I’m sure it’s just a coincidence, the Defense Attorney for both of these gentleman was/is Joshua Bentley.
Update: 9:15AM 2/8/2022 Next Court date is February 14, 2022 at 2PM
21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.
02/08/2022 Courtroom 8B 9:00 AM Preliminary Hearing Judicial Officer Jakubowski, Susan Hearing Time 9:00 AM Comment 2 Briefs filed
This case should be compared to other SMC DUI, Crash, Personal Injury, and BAC .288
The key word here is CONVICTED:
VEHICLE CODE – VEH
DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 – 23675]
In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.(Amended by Stats. 2018, Ch. 177, Sec. 2. (AB 2717) Effective January 1, 2019.)
Sheriff Carlos G. Bolanos
San Mateo County Sheriff Carlos G. Bolanos did not release a Booking Photo or Press Release of his arrest. Those are the first two Red Flags of a Special Treatment case in SMC. His whereabouts for more than 5 hours has never been made public. That is the third Red Flag. The fourth Red Flag is Joshua Bentley is his defense attorney.
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.
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 Years
Additional Jail Time for Refusing a Breath Test
License Suspension/Revocation for Chemical Test Refusal
0
48 extra hours in jail; six extra months of required DUI school
1-year license suspension
1
96 extra hours in jail
2-year license revocation
2
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
0
48 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension
1
96 extra hours in jail; 2-year driver’s license revocation
2
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
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.
Josh Bentley, Aldon Smith, ReportersSheriff Carlos G. BolanosD.A. Stephen M. Wagstaffe
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.
Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.Sheriff Carlos G. BolanosD.A. Stephen M. Wagstaffe
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
San Mateo County News 