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Bay Area Criminal Defense Blog

49er Busted For a Third DUI

Posted by Lynn Gorelick | Aug 17, 2015 | 0 Comments

A conviction for a first-time DUI can mean jail time, thousands in fines and fees, an alcohol education program, and a 6-month license suspension. A second DUI within 10 years carries a minimum of of 4 days in jail and a longer DUI school program. After a third DUI, a driver may face a minimum of 120 days in jail, designation as a habitual offender by the DMV, and a longer license suspension. Now a 49er may be finding out just how serious a third DUI can be.

No one wants news of their DUI announced on Twitter, but that's just what the Santa Clara Police Department posted about Aldon Smith. The police, from @SantaClaraPD posted “From the PIO: SCPD arrested Aldon Smith last night for Hit&Run, DUI, and vandalism. A press release will be provided later this morning.” Later they issued a press release detailing the arrest.

Shortly before 9 p.m. on August 6th, Santa Clara police were on their way to investigate a disturbance after a vehicle collision. Apparently, Aldon Smith was parking his car and collided with a parked vehicle. He spoke with the driver, then walked away. When he returned to the parking lot, police observed symptoms of Smith under the influence of alcohol. He submitted to a field sobriety test, and was later arrested and charged with the three criminal counts.

Unfortunately for the San Francisco 49ers linebacker, this was not his first run in with the law. Last year, Smith was arrested at the Los Angeles Airport for being uncooperative with the TSA and telling them he was carrying a bomb. In 2013, he was charged with three felony counts of illegal weapons possession. That same year he was arrested on suspicion of DUI and marijuana possession after running into a tree. In 2012, he was arrested for another DUI in Miami.

Last season, Smith served a nine-game suspension for his 2013 charges. After those charges, a Santa Clara judge put Smith on probation, and threatened him with jail time if he violated his probation, which would include drunk driving. However, he will apparently not serve any game suspensions for the latest arrest, since he won't be on the team anymore.

As a result of this latest DUI arrest, Smith has been let go by the 49ers. In a press release, the NFL team stated, “This organization has tried very hard to help Aldon fight his issues. Although he is no longer a member of this team, our support and concern for him will continue.”

In the meantime, Smith has disputed the DUI claims. Speaking to reporters, he said, “Justice will be served and the truth will come out. There's no DUI, and I'm sorry for anybody I let down.” However, so far Smith has not elaborated on his version of what happened.

At the Gorelick Law Offices, attorney Lynn Gorelick has dedicated her legal career to defending people facing charges of driving under the influence in the East Bay. With more than 30 years of experience, Lynn Gorelick understands the local DUI laws, and will make sure you get the justice you deserve. Contact the local East Bay DUI defense attorney who understands that you do not have to plead guilty just because you were arrested.

About the Author

Lynn Gorelick

Lynn Gorelick has been an attorney for over 38 years. She is the Attorney Lynn Gorelick is the Immediate Past President of the California DUI Lawyers Association and a Faculty and Sustaining member of the National College of DUI Defense. Lynn is a Specialist Member of the California DUI Lawyers Association and lectures frequently to other attorneys regarding DUI and DMV issues.


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