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.
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
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 <email@example.com>
Booking Photo of Sergeant Lou Aquino DUI arrest
Cc:Dave Pine,David Canepa, Don Horsley, Carole Groom,Warren Slocum and 1 more…
Oct 28 at 7:27 AM
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?
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.