Category Archives: San Francisco 49ers

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, Aldon Smith case nunber 21-SM-014538-A, Apnews.com, Attorney Josh Bentley, “Chemical Test Refusals”, Bay Area News Group Reporter Michael Nowels, 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, Reporter Michael Nowels, 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, Silicon Valley.com reporter Michael Nowels, SMC Brady Officers, SMCSO Sergeant Lou Aquino Refused Field Sobriety Test., Susan J. Bassi, 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, x49er, xRaider, xSeahawks, xDallas Cowboy, in San Mateo County Court Today.

By Michael G. Stogner

21-SM-014538-A

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.

I’ll post update as soon as I get it.

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X 49er Aldon Smith BAC was reported to be .288

By Michael G. Stogner

21-SM-014538-A

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

Next court date January 4, 2022

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Daly City, Fire City Manager Shawnna Maltbie and Assistant City Manager Stephen Stolte for starters.

By Michael G. Stogner

City Manager Shawanna Maltbie

I say this based on my personal experience of dealing with Half Moon Bay City Manager Bob Nesbit and Deputy City Manager Matthew Chidester in trying to get to the truth of the Sandra Lee Harmon Homicide by San Mateo County Sheriff Deputies on May 5, 2020. Those two in my opinion did everything possible to obstruct that goal. I even recommended the City Council file a lawsuit against the Sheriff, District Attorney and County Counsel to release the AXON LOG RECORDS, they chose not to. Half Moon Bay City Council was very disturbed by the Homicide and wanted answers, and even went so far as to contact the Attorney General to Criminally Investigate the Sheriff, District Attorney Investigators and the Homicide. Again the City Managers intervened in the creation of the watered down wording of that letter.

One of the main differences I see between the Murder of Roger Allen and Sandra Lee Harmon is Daly City Mayor and the Council Members are fine with the Murder of another Black man in San Mateo County. Just like Millbrae was with Chinedu V. Okobi’s Homicide by six Sheriff Employees. That was not the case in Half Moon Bay ALL Council Members were very upset and they said so.

Everybody knows the names of the 4 Daly City Police Officers should have been made public on April 7, 2021 the same day Roger Allen was killed. That is Transparency. Who is responsible for the behavior of the Daly City Police Chief? If it’s not the City Manager, and it’s not the Mayor, that leaves the silent City Council.

What did San Mateo County Manager Mike Callagy (30 year Police Officer) say? Nothing

What did the Board of Supervisor’s say about Roger Allen’s Homicide by DCPD? Nothing

Mark D. Melville candidate for Sheriff of San Mateo County 2022 said “The police department should be conducting their own investigation to ensure all department directives were followed in handling said incident.”  “There is no reason for the PD to withhold the names of all personnel involved in said incident.”  

District Attorney Steve Wagstaffe told me,

“There are four officers involved in the Daly City shooting.  It is the responsibility of the police chief to disclose the officers’ names, with the proviso that my office will disclose the names at the time of announcing the decision in the case.  So at least for now that inquiry goes to Chief Patrick Hensley at DCPD.”

“Only one officer fired his weapon and he is on administrative leave. “

Than You, Colin Kaepernick.

I recently revisited the 2016 postgame interview when I was first asked about not standing during “The Star-Spangled Banner.” One of the reporters inquired about the reasoning behind my dissent. “There’s a lot of things that need to change,” I replied. “One specifically is police brutality. There’s people being murdered unjustly and not being held accountable. Cops are getting paid leave for killing people. That’s not right. That’s not right by anyone’s standards.”

The unnamed Daly City Police Officer who killed Roger Allen is on paid leave. City Managers, Mayors and City Council are responsible.

The Attorney General of the State of California should by Investigating Roger Allen’s Homicide. Everybody knows that.

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X SF 49er Dana Stubblefield Convicted of Rape by Force.

By Michael G. Stogner

 

Dana Stubblefield

Dana Stubblefield

 

July 27, 2020 Santa Clara County Court Former San Francisco 49er Dana Stubblefield was convicted of Rape by force using a firearm, oral copulation by force, and false imprisonment. His victim was a developmentally disabled woman. He faces up to 15 years in prison.

 

 

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Trump Pardons Eddie DeBartolo Jr.

debartolo-contributer-2015

By Michael G. Stogner

Today President Donald Trump has pardoned Edward DeBartolo Jr, former owner of the San Francisco 49ers.

He was convicted of Fraud.

In 1998, he pleaded guilty to failing to report a felony when he paid $400,000 to former Louisiana Gov. Edwin Edwards in exchange for a riverboat gambling license.

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