Category Archives: DDA Heather Marie Finlayson #289930

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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Filed under #newsbreak, #SanMateoCountyNews.com, 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith, Aldon Smith, Apnews.com, Attorney Josh Bentley, “Chemical Test Refusals”, bloomberg.com, Booking Photo, California Department of Motor Vehicles DMV, California Highway Patrol, California Judicial Branch News Service, Citizen Journalist, DDA Heather Marie Finlayson #289930, Deputy District Attorney Sean Gallagher, Fair and Level Playing Field, First Chance, FIRST CHANCE SOBERING STATION AND OUTPATIENT SERVICES, Los Angeles Times., MADD, medium.com, New Media Investment Group, Newsbreakapp.com, newsbreezer.com, NFL, Nobody is above the Law except "Those Who Matter", prnewsonline.com, Public Corruption, Recology San Mateo County, San Francisco 49ers, San Mateo County District Attorney Inspector Jordan Boyd, San Mateo County District Attorney Steve Wagstaffe, San Mateo County Sheriff Carlos G. Bolanos, sanfrancisco.cbslocal, Selective Prosecution, Sheriff Sergeant Luis Dejesus Aquino for DUI, SMC Brady Officers, SMCSO Sergeant Lou Aquino Refused Field Sobriety Test., Telephone Public Access Discontinued by Who knows Who., The listen-only public access lines are no longer in effect, Those Who Matter, TMZ, TMZ Sports

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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Filed under #SanMateoCountyNews.com, 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith, Attorney Josh Bentley, Court Executive Officer: Neal I. Taniguchi, DDA Heather Marie Finlayson #289930, Former San Francisco 49er, Hon. Judge Stephanie Garratt, MADD, Nobody is above the Law except "Those Who Matter", Olasmediatv.com, PANDEMIC, Single Point Data Base for Whistleblowers, Superior Court of California County of San Mateo Hon. Judge Kevin E. Dunleavy, Superior Court of California San Mateo County Presiding Judge Leland Davis III, The listen-only public access lines are no longer in effect, Those Who Matter, TMZ Sports, Victim's Advocate