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.
I’m just curious what did the Honorable Judge Kevin E. Dunleavy assume or expect the SCRAM device on Aldon Smith’s leg to accomplish as a condition of Bond.
In 2018 Aldon Smith was arrested for a DUI with a BAC of .40 which is FIVE times the legal limit. By the way he was wearing a SCRAM at the time and it worked just fine.
Defense Attorney Josh Bentley knew this information, did he share this with Judge Dunleavy?
12/21/2021 Arraignment Original Type Arraignment Judicial Officer Dunleavy, Kevin E.Hearing Time 9:00 AM Result Arraigned Parties Present Defendant: Smith, Aldon Jacarus Ramon Attorney: BENTLEY, JOSHUA M.
12/21/2021 Party appeared by audio and/or video Comment Defendant
12/21/2021 Defendant waives their right to be personally present Comment pursuant to Emergency Rule 3
12/21/2021 Arraignment waived on the amended complaint.
12/21/2021 Advisement of Rights
12/21/2021 Defendant ordered to return.
12/21/2021 Defendant remains on bail. Comment Term of bail is to install SCRAM within 48 hours – proof to probation
12/21/2021 Proof of Enrollment Comment Proof of SCRAM
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.
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
VC23222(a)-INF-Possession of Open Container While Driving
VC23222(b)(1)-INF-Possession Of Marijuana In Open Container While Driving
VC23550-PR-Prior – Driving Under the Influence within Ten Years of Three other Dui Violations
Next Court Date 01/04/2022 Preliminary Hearing 9:00 AM
Aldon Smith was arrested on Farm Hill Blvd, Redwood City on December 6, 2021 by the CHP for DUI causing personal injury, he was involved in a 2 vehicle accident at 2:17 PM. He refused a breath/blood test. By refusing to provide Breath/Blood samples, Those of Us who don’t Matter lose our California Drivers License for a period of 1 year. Not sure what if anything happened to his Drivers License.
He was booked into Maquire Correctional Facilities at 7:38 PM. Where was he for 5 hours and 21 minutes?
According to District Attorney Steve Wagstaffe, He later provided a blood sample and tested .2 blood alcohol level. How much later? What time was this test taken? Had he already contacted his defense attorney Josh Bentley by then?
The San Mateo County Sheriff’s Office has NO Press Release or News Release of his arrest. Why?