San Diego Criminal Attorneys Blog
Another DUI arrest has yet again been tied to the NFL. Linebacker Aldon Smith of the San Francisco 49ers was released Friday on bail after crashing his truck into a roadside tree in San Jose and being arrested for suspicion of driving under the influence of alcohol and marijuana possession. Law officers responded to a call from a local resident that Smith had crashed in the city’s Silver Creek area at around 7a.m. At the scene, officials proceeded to give Smith breath tests and field sobriety tests, due to the fact that Smith hit a curb, a tree, and left serious skid marks all over the street. He was released from the Santa Clara County Jail late Friday morning, only a few hours after he was taken into custody. Santa Clara County Sherrif’s Sgt. Kurtis Stenderup told authorities Smith posted a $5,250 bail. Later Friday afternoon, Smith attended practice with his teammates in Santa Clara, where he declined to comment about his arrest to reporters. However, head coach Jim Harbaugh spoke to reporters stating that he expects that smith will play Sunday when the Niner’s host the Indianapolis Colts at Candlestick Parl. He said, “I expect Aldon-like today- he’ll be back to work and playing on Sunday. I anticipate that, yes.” Harbaugh also stated that Smith will receive any potential discipline from the NFL as he said, “There will be consequences. There always is. Good or bad, we all have consequences.” As for legal consequences, Smith is scheduled to appear in court on November 4th.
Last year, Smith played a significant role in helping the 49ers get to the Super Bowl, bringing in a record of 37 sacks in 34 career games, and going All-Pro last season. Smith went from a first-round pick out of Missouri in 2011 to last season’s team MVP. As a rookie, he made the rookie sack record that year and set the Niner’s franchise record with 191/2 sacks last season. However, even with this success, Smith has continually had trouble with the law. In January 2012, Smith was arrested on suspicion of drunken driving in Miami Beach and has currently found himself in part of a lawsuit involving a house party that went violent. In the suit filed in the Santa Clara County Superior Court earlier this month, Smith is said to have fired weapons illegally during a party at his own home in San Jose on June 29, 2012, injuring the plaintiff. The lawsuit seeks restitution for damages including serious, catastrophic, and permanent injuries.
Despite his rocky past, teammate and Pro Bowl tight end Vernon Davis said Friday that Smith’s arrest caught him by surprise, as the team continuously encourages good behavior and staying out of trouble. He stated, “Some guys listen, some guys don’t. You can take the horse to the water, but you can’t make him drink. It’s all about doing the right thing,” Davis said. “I’m sure he’ll come around. It’s just a matter of time. Hopefully, he’ll learn from this situation that he got himself into, and maybe it will come out positive instead of negative.” Hopefully Smith will take this most recent arrest as a wake up call to put his troubled past behind him and get focused and serious about his promising future in the NFL. If he doesn’t, it could mean destroying his career within the league. Smith, as well as anyone who is facing criminal charges, needs a strong and experienced attorney to represent him in court. For Smith, a powerful attorney could make the difference in getting him back to normal life faster and putting the legal consequences behind him.
Sources:
“49ers’ Smith out on bail after his arrest for DUI”– CBS 8 News, September 20, 2013