By Michael G. Stogner
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.