You don’t see that every day. Why would a defendant choose a Judge over 12 members of the public?
21-SF-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
Aldon Smith and his Defense attorney Josh Bentley have decided to have the Honorable Judge Leland Davis III to be the Judge and Jury for his DUI with serious injury case.
You will recall there was a lot of special treatment for this former NFL player that most San Mateo County Residents arrested for a DUI with serious bodily injury would NOT receive. This was reported to be his 5th DUI.
21-SF-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
Update: Jury Trial has been waived the Trial will be heard by Judge Leland Davis III on Monday October 17, 2022 9:00 AM Time estimated for the entire trial is ONE DAY.
Case Number 21-SF-014538-A
Court Criminal
File Date 03/04/2022
Case Type Information
Case Status Active
Party
Defendant Smith, Aldon Jacarus Ramon
DOB XX/XX/XXXX
Active Attorneys
Lead Attorney
BENTLEY, JOSHUA M.
Retained
Charge
Charges Smith, Aldon Jacarus Ramon
Description
Statute
Level
Date
001
VC23153(a)-FEL-Driving Under The Influence Of An Alcoholic Beverage Causing Injury
23153(a)
Felony
12/06/2021
001
VC23577(a)(4)-ENH-Special Allegation – Refusal to Submit to Chemical Test
23577(a)(4)
Enhancement
12/06/2021
002
VC23153(b)-FEL-Driving With A .08% Blood Alcohol Content Causing Injury
Saturday May 28, 2022 at 11:44PM Paul Pelosi 82 was arrested for DUI in Napa County, California. He was booked into jail 5 hours later for two counts — driving under the influence and driving with a blood alcohol content level of 0.08 or higher … both misdemeanors.
It started with a collision Mr. Pelosi, was trying to cross Highway 29 when his Porsche was struck by a driver in a Jeep at 10:26 p.m., according to the California Highway Patrol. No injuries reported.
TMZ was first to report the arrest just like the San Mateo County Aldon J. Smith DUI Arrest in Redwood City, California on December 6, 2021 he was also booked into jail 5 hours later.
These are both cases to watch to see how “Those Who Matter” cases are handled in our court systems.
Update: April 8, 2022 @ 8:53 AM, Next Court date April 25, 2022 @ 1:30 PM and October 14, 2022 set for Jury Trial.
It’s now a Felony Case. Today 8:30 AM Courtroom 2A Hon. Judge Elizabeth Hill
21-SF-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
The question that remains unanswered by Candidate for re-election Sheriff Carlos G. Bolanos is, what time on December 6, 2021 did the California Highway Patrol transport Aldon Smith to San Mateo County Jail? Why did you not provide the Residents of SMC with his Booking Photo and a Press Release of his DUI arrest. What happened with him for the missing 5 hours before he finally blew a BAC .288
The public has a right to know, this is a “Those Who Matter” case.
03/08/2022 Arraignment on Information after Preliminary Hearing Judicial Officer Hill, Elizabeth M.
Update: 5:24PM Next Court Date is February 22, 2022 at 2PM Courtroom 8C
21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.
This is another exciting “Those Who Matter” case that the “Fixer” Joshua Bentley is quietly moving through the San Mateo County Court system.
You will recall Aldon Smith was arrested on December 6, 2021 by the California Highway Patrol at Farm Hill Blvd and 280 where he crashed into a Recology Truck injuring the driver. This is not the first time he has been arrested for DUI, It’s been reported he has been arrested 5 times for DUI.
Sheriff Carlos G. Bolanos has never released his Booking Photo or produced a Press Release of the December 6, 2021 arrest. Why?
Attorney Joshua Bentley is doing an Excellent job in trying to keep those four prior DUI’s out of this case.
02/10/2022 Opposition to motion filed Comment PEOPLE’S OPPOSITION RESPONSE TO DEFENDANT’S MOTION TO STRIKE THE FOREIGN PRIORS ALLEGED IN THE COMPLAINT
02/14/2022 Preliminary Hearing Judicial Officer Karesh, Jonathan E.
Hearing Time 2:00 PM Comment 60 MIN
Remember The San Mateo County Superior Court is encouraging the Public to attend the Courtrooms in Person. That change went into effect November 22, 2021. I wouldn’t recommend that.
Update: 9:15AM 2/8/2022 Next Court date is February 14, 2022 at 2PM
21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.
02/08/2022 Courtroom 8B 9:00 AM Preliminary Hearing Judicial Officer Jakubowski, Susan Hearing Time 9:00 AM Comment 2 Briefs filed
This case should be compared to other SMC DUI, Crash, Personal Injury, and BAC .288
The key word here is CONVICTED:
VEHICLE CODE – VEH
DIVISION 11.5. SENTENCING FOR DRIVING WHILE UNDER THE INFLUENCE [23500 – 23675]
In addition to any other provision of this code, if a person is convicted of a violation of Section 23152 or23153, the court shall consider a concentration of alcohol in the person’s blood of 0.15 percent or more, by weight, or the refusal of the person to take a breath or urine test, as a special factor that may justify enhancing the penalties in sentencing, in determining whether to grant probation, and, if probation is granted, in determining additional or enhanced terms and conditions of probation.(Amended by Stats. 2018, Ch. 177, Sec. 2. (AB 2717) Effective January 1, 2019.)
Sheriff Carlos G. Bolanos
San Mateo County Sheriff Carlos G. Bolanos did not release a Booking Photo or Press Release of his arrest. Those are the first two Red Flags of a Special Treatment case in SMC. His whereabouts for more than 5 hours has never been made public. That is the third Red Flag. The fourth Red Flag is Joshua Bentley is his defense attorney.
Wonderful photo by SMDJ of Aldon Smith, Definitely NOT a Booking Photo.
Most DUI cases are prosecuted as misdemeanors. But the offense may be charged as a felony if someone is injured or you have four (4) or more prior DUIs on your record.3 Some convictions carry jail time for California DUIs.
Why is his case being charged as a misdemeanor? 21-SM-014538-A | The People of the State of California vs. Aldon Jacarus Ramon Smith
Where was he for over 5 hours after the accident at 1:27 P.M. on December 6, 2021 before he got booked into SMC Jail?
What time was the BAC .288 recorded?
What time did he contact Defense Attorney Joshua Bentley?
Aldon Smith’s next court date is January 26, 2022 at 2 P.M.
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 Years
Additional Jail Time for Refusing a Breath Test
License Suspension/Revocation for Chemical Test Refusal
0
48 extra hours in jail; six extra months of required DUI school
1-year license suspension
1
96 extra hours in jail
2-year license revocation
2
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
0
48 extra hours in jail; six extra months of required DUI school; 1-year driver’s license suspension
1
96 extra hours in jail; 2-year driver’s license revocation
2
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
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
San Mateo County News 