Aldon Smith arrested again

Aldon Smith (AP FILE)
Aldon Smith (AP FILE)

According to the Santa Clara Police twitter account, Aldon Smith was arrested last night for “hit & run, DUI and vandalism.” Stay tuned for more information as it breaks. The 49ers have media availability at 11:30 am.

This is Smith’s fourth arrest as a member of the 49ers.

On April 13, 2014, Smith was arrested at Los Angeles International Airport for making a fake bomb threat.

On September 20, 2013, Smith was arrested for DUI and possession of marijuana after driving his truck into a tree.

And on January 28, 2012, Smith was arrested for DUI in Miami, Florida.

UPDATE: Here’s a video of Aldon Smith speaking about his latest arrest.

“Justice will be served, the truth will come out, there’s no DUI,” Smith said.

  1. Forget football,he is done. I truly pray for him as a person that he get his act together before killing somebody

  2. Dayum, I just got done praising him for leading an exemplary life and having good behavior.
    I also said he would be tempted every day and it would be easy to slip up, so he needed a strong support group.
    Im done with him. Throw the book at him. He spit in the face of the Niners, and deserves jail time.

  3. Speechless at such stupidity. Uber. Taxi. Sad situation. He is a sick person and i hope he gets the medical help he needs after his jail time. Rock bottom is sometimes what is necessary so that in the future people can figure out how to just be members of society. Because that is all he can hope for. Football is done for him.

  4. I only hope that Smith isn’t one of those sad cases who are never able to deal with their addiction. I hope we aren’t reading about him in the future where he has killed someone or he is living on the street. He really should take some time and talk to Chris Washburn.

  5. I agree with Ghost without help he is in prison, dead or homeless by 30. When I woke up and saw this I was so mad and thought how dumb and how selfish. But he is beyond that, he is a sick person with a horrible disease. He has so many people routing for him, there for him and sticking their neck out to help him, the means to call a cab or uber and he does something like this. It is like he is screaming out for help. I hate this as a fan because he is a beast and prob the best player on this team. But as a person that has seen people struggle with abuse this is really sad, like he is screaming out for help. I really hope he takes some time away from football and figures out life, he is only 25 and has so much time in front of him.

  6. I’m not the least bit surprised. Should have traded him when we had the chance. I never want to see him wear our uniform again. I hope for his sake he gets right with the man, but his career as a 49er is over. He needs to focus on not being a waste of life and get his stuff in order.

  7. From the Mercury News Twitter:

    UPDATE 49ers star Aldon Smith just bailed out of Santa Clara County jail, reportedly apologized and said it wasn’t a DUI.

  8. Janine De la Vega ✔@JanineKTVU
    #49er #AldonSmith looked somber leaving jail. He told me “it wasn’t a DUI…the truth will come out.” #KTVU
    8:45 AM – 7 Aug 2015

      1. According to the Santa Clara Superior Courts’ bail schedule (, bail for a felony hit and run with injury is set at $25,000.

        Bail for misdemeanor vandalism is $1,000.

        Together = $26,000

        However, there are other possibilities:

        Bail for a Felony DUI causing injury with one prior = $50,000 (we can rule that out, it seems).

        Bail for misdemeanor DUI with BAC less than .15 = $5,000
        Bail for misdemeanor DUI with BAC .15 or greater = $10,000
        Bail for misdemeanor DUI with injury and BAC less than .15 = $10,000
        Bail for misdemeanor DUI with injury and BAC .15 or greater = $15,000
        Bail for misdemeanor hit and run with injury = $10,000.

        So, the $26,000 could be misdemeanor DUI with injury and BAC .15 or greater ($15,000) + misdemeanor hit and run with injury ($10,000) + vandalism ($1,000).

        I cannot make the bail numbers work if the hit and run and/or the DUI do not involve an injury. From that, I infer that it is likely that someone sustained an injury.

        1. Great info JPN. It appears likely the charges are going to include a felony. What are the chances he is facing prison time with his prior record in addition to this?

          1. Maybe – booked and charged can be quite different.

            I am actually trying to come up with other combinations of the listed offenses (DUI, hit and run, and vandalism) that could equal $26,000. It is a pretty comprehensive bails schedule.

        2. By the way – bail for a misdemeanor hit and run with no injury or property damage = $672. I think we can rule that out.

          Bail for misdemeanor hit and run with property damage = $5,000
          Bail for misdemeanor hit and run with serious injury or death = $25,000 (this one I think we can initially rule out as that likely would be out already)
          Bail for felony hit and run with serious injury or death = $50,000 (same as above)

  9. A leopard’s spots don’t change, they only get darker.

    Either learn how to call for an Uber or learn how to drive deuce. Geez.

  10. I saw the video where he said it wasnt a Dui. He better head straight to the hospital and get a alcohol and drug screen. Because noone is gonna believe it without proof.

  11. It’s easy enough to check out if it was a DUI.
    If it is a DUI and Aldon says it isn’t where is he going to go after that?

  12. I’m going to try my best to hold judgment on this, but if any of this is true, then the 49ers should release him.

  13. What a waste of talent. sad to see him go, but he needs get to his act and life together, as far as him being a niner is all but done. Welcome Eli Harold!

  14. Aldon now says it was not alcohol. There is a glimmer of hope. Somehow, I blame the 49ers in a small way. They should have taken away his keys and assigned a chauffeur to drive him around to protect their investment.

        1. He may have declined the breathalyzer, which gives him the loophole to say it wasn’t a DUI right now, but even if that’s the case, he is considered impaired for failure to take the test.

          1. He is not considered impaired for failure to take the test. Other indicia of impairment are necessary to establish probable cause.

              1. It is a factor. But without other facts indicting impairment, someone cannot be (or rather, should not be) arrested simply for refusing a field sobriety or portable breathalyzer.

              2. And I should clarify – the article is about the chemical test, which is required if arrested. But the second paragraph addresses the field test issue.

              3. JPN,

                Thanks for that. From now on I’m just going to ask you or look it up instead of going off of my own recollection.

      1. Midwest Grant writes in the first sentence of this post that the info of Smiths arrest was on the S.C.P.D. twitter account.

  15. I’m pretty sure the Niners will do their due diligence because he’s good. If he wasn’t good he would ‘ve cut already.

  16. He said it wasn’t a DUI, but also said it was a situation that could have been handled differently. It’s not just the DUI charge that is a problem; it’s the hit and run and vandalism along with it. A hit and run could potentially be a felony, although there has been no report of anybody being injured.

    Whatever the case, if Aldon is guilty of any of the charges, he’s going to be suspended again, potentially for a year. Some guys just can’t hold it together, and it appears Aldon is one of those people. Forget football; he just needs to get his life together before he kills himself or someone else.

  17. 8/4/15
    BAALKE: Aldon’s like any young player, he’s growing up, he’s maturing. You see that with a lot of these guys. Some of them get themselves in a few more situations that you wish they didn’t. If you asked them, I think they’d say the same thing. Really pleased with the way he’s handled things, the way he’s working both personally and professionally. I think he’s doing an outstanding job.

    1. Odds are that Baalke wouldn’t be saying those sweet words dripping with honey if it was a late draft pick or UDFA that made the mistake.

    2. I mean, in fairness to Trent it did look like he was finally starting to turn the corner though. Up until that point when Baalke made that comment three days ago, he hadn’t gotten into any trouble since the suspension. He showed up to camp motivated and in shape. He had done everything asked of him and it looked like he was taking positive steps.

  18. I’m thinking that possibly the police found weed in the car or smelled recently smoked weed in his vehicle. They still haven’t started using a road side test for marijuana like a breathalyzer.

  19. Oldcoach would the smell of weed in the car result in bail of $26,000? Sounds unlikely. I wonder if it had something to do with vandalism and the hit and run part. Maybe it escalated with the cops, or maybe with his reputation they overreacted….

    1. With a v.o.p how is he given bail? Secondly, I feel like the charges are a nonissue as this violates the league substance abuse policy and the personnel conduct policy so he will be suspended for the year per the collective bargaining agreement (if I remember a 4th violation correctly)
      To address the vandalism if he hit a sign a mail box or a lawn because of impairment there is your vandalism charge.
      We wouldn’t be making a big deal if he wasn’t an integral part of the team. I for one am sick of this double standard. Black, white, star, or common citizen this idiot should be punished according to the crime.

      1. The bail schedule adheres regardless of probation status. A hold on probation violation is a different issue and requires a court to issue a warrant.

        1. I need to clarify as I left out an important bit:

          A hold on probation violation based on an underlying misdemeanor conviction is a different issue and requires a court to issue a warrant.

          Smith weapons conviction was a misdemeanor conviction.

  20. Lets pull through this one if he says its not a DUI we should stand by him ! He is representing our team lets give him the benefit of the doubt?
    49ers Allday even off season !!!!!! Its the damn turf ! LoL

    1. God, I hope he has not driven while drunk last night. If he is gone, the Niners may not win 6 games.
      The pessimists are cackling with glee, and predicting the first pick in the next draft.

  21. Why do we bring up arrests that were never prosecuted? The one in Miami and LA were dropped, were they not, so its pointless mentioning that.

    1. The first one in Miami was reduced, not dropped, because Aldon was a first time offender. The LA incident was dropped, but that’s probably because both sides over reacted and Aldon’s comments didn’t amount to an actual bomb threat.

  22. Grant,
    In your opinion what do you think they should do with Aldon? I know in the past you said they shouldn’t have released McDonald, but in this case what do you think they should do? Or a better question is what would you do?

    1. The dui I can withhold judgement on. The hit and run is a matter that I am addressing concerning personal conduct code. When you burn your bridges three times, asking for sympathy the fourth time is excessive use of air

  23. I wonder if the 49ers will ask the league to place Smith on the Commissioner’s Exempt list. That has the advantage of allowing them to look like they are doing something without actually having to make a final decision until the matter plays out.

    1. That could be an option, but with Aldons prior history Goodell may be more inclined to suspend him. He could go on the list until some sort of resolution, and then be suspended I guess. Then it comes down to whether the Niners want to carry him on the cap all year knowing he’s not going to play. Might be better to cut him and save the money against the cap.

      1. True, and Goodell could use the expedited discipline protocol for repeat offenders, as Aldon was already subject to league discipline last year.

  24. Since I’m impatient about the details, is it likely that the vandalism is property damage from the hit and run?
    It is curious that Aldon claimed it was not DUI.
    (deep sigh)

  25. I hope JY buys the lady a brand new car and convinces her to drop all charges. This does not sound as bad as first reported.

      1. Just browsing the web, and it sounded like AS got into an argument with a neighbor and slightly damaged her car. She called the cops.

  26. CA Penal Code 594:
    (a) Every person who maliciously commits any of the following
    acts with respect to any real or personal property not his or her
    own, in cases other than those specified by state law, is guilty of
    (1) Defaces with graffiti or other inscribed material.
    (2) Damages.
    (3) Destroys.

    The vandalism could be a lessor and included offense in the hit and run. Or, it could be a charge incident to the arrest (e.g. licking and denting a police car, for example). Or, it could be something else. We are just speculating at this point.

  27. If Baalke et al think he’s guilty of all of the charges, he’ll be cut immediately because they don’t want the negative press.
    On the other hand, if they think it’s a smaller issue and they see it as yet another bump in Aldon’s long bumpy-ass road, they may suspend him or wait until the league suspends him before deciding whether to give him another chance.
    For those who say that lesser skilled players wouldn’t get the same chances that Aldon has, I say this to you…DUH!
    *NEWSFLASH* Superstars get superstar treatment.
    Where have you people been???

    1. Interesting. Hypothetically, if Kaepernick is a part of this, and the team decides to part with one of them, who should it be? I vote to can Kaepernick.

  28. I listened to the interview and saw a man who was not a jerk, who spoke softly and articulately, who spoke intelligently, and who spoke like a man who has matured. To those who have not listened to it, I recommend doing so. Mr. Smith (I could call him Aldon, but I see he’s not a boy anymore) said the incident could have been handled differently and that the truth would come out. Jumping all over him is jumping to conclusions. Ever hear of a police officer going off the reservation? I hope the truth does come out and that Mr. Smith is exonerated. I wish him nothing but the best.

  29. Lisa Fernandez of NBC Bay Area reported “that Smith apparently hit a neighbor’s car after an argument, which suffered minor damage. The neighbor called police, who responded and arrested him, the sources said

    1. Interesting. I am still having trouble making only property damage equal the $26,000 bail, unless there are multiple counts of hit and run. May just be overbooking on the PD’s part.

  30. List of the 12 arrests of 49ers players since 2012

    Jan. 27, 2012: Aldon Smith – DUI
    Feb. 8, 2012: Ray McDonald – Speeding, Outstanding DUI warrant
    Nov. 30, 2012: Demarcus Dobbs – Pot possession, DUI, car crash
    Feb. 20, 2013: Al Netter – DUI
    Sept. 20, 2013: Aldon Smith – DUI, car crash
    Oct. 29, 2013: Aldon Smith – Turned himself in on felony weapons charges
    Jan. 26, 2014: Daniel Kilgore – Public Intoxication (case dismissed)
    March 28, 2014: Chris Culliver – Hit and run, reckless driving, possession of brass knuckles
    April 13, 2014: Aldon Smith – Suspicion of making false bomb threat (no charges filed)
    Aug. 31, 2014: Ray McDonald – Domestic Violence
    March 5: Bruce Miller – Suspicion of Spousal Battery
    Aug. 6: Aldon Smith – Hit-and-run, DUI, Vandalism

    7 of the 12 arrests were from two players

  31. He does realize that when on probation for a prior dui, that probation generally includes having a 0.0% BAC at any time being behind the wheel during the probationary period. So even if you are under the legal limit of 0.08% you are still considered DUI at anything over 0.0%. So just one drink, or even using medication with any alcohol and getting behind the wheel and it is considered DUI.
    We shall see when the Santa Clara PD makes their information available. At the very least the NFL is likely to suspend him. Last suspension was 9 games. This has to be at least as long if not a full season.

    1. I believe the probation was for the weapons charges (he did 12 days and community service for the DUI, which would not have supported three years probation anyway), which might mean that the zero tolerance conditions are not part of the probation. On the other hand, several reports indicate the probation conditions include a no alcohol condition, so it is quite possible that any amount would be a DUI under the conditions of probation. However, the real issue is that we still do not know if alcohol was even an issue, as DUI could involve non-alcohol related impairments.

    1. This is for any morons who might read the link you posted.

      Aldon Smith hit his neighbor’s parked car while trying to park at his house.

        1. Haha Fat Tuna it won’t take 6 mo. for me to respond to this disaster. When we went thru this whole thing last year with Aldon Smith & he chose probation instead of jail time I said good luck b/c this guy can’t stay clean for 3 years. SO HERE WE ARE and he will be out of commission for a year.

          This is the story of the 49ers downfall. They chose the wrong players and make the wrong decisions.

          John Clayton gives his opinion @ 2:40 listen if you’ve got the stomach

          1. Russell Smurf chose unwisely and threw the football to the wrong player, which has universally become the biggest boneheaded Super Bowl play in NFL history….

            1. Haha Least we’re in the big games — 49ers will be fighting 4 basement seats this year. And you’ll all be saying “but Kaep will be better next year.” haha. And even if he is, there will be no supporting cast.

              I paid for my ticket — now I’m just waiting for the show to start. haha.

              1. I can’t believe you just showed your face on here again! You were pleasantly invincible after that SB debacle! No class.

    1. Listen Fat Tuna, I guess I have to keep you honest. you tell others not to respond to my post, then why did you mention my name.

      You’re such a hypocrite.

  32. Try to shame someone else. Doesn’t really work for me. If you haven’t noticed, this site isn’t the in place to be. The only person I miss is Jack Hammer — maybe he’s writing for the Bucs now. He was the voice of reason and just loved football. Don’t worry, I’m just passing thru, I’m a contributor 4 Seahawk sites.

      1. Prime you are being abusive! This is not your website. I am free to comment. If you don’t like it too bad. Now move on.

        1. Thin skinned? Typical Seatroll. you are almost as bad as Patriot fans. I do not know why you are talking smack like your team has won 4 SBs. Niners with their 5 rings just sneer at your pomposity.

          1. sebnynah, Oh talk about a troll, shall we talk about all those rings you won so many years ago, undoubtedly b/4 you were born. You’re going to we working on 21 years since you won your last ring!!!!

            Now your in rebuilding phase — so add another 5 yrs to that. thin skinned?? Don’t mess me b/c I’ll do what you can’t stand, and that’s ignore you.

            1. BTW I had season tickets since 1979, What, you are one of those bandwagon fans for those last 3 years? Your assumptions are so wildly wrong that I feel sorry for you.
              You think that by ignoring me you are winning this debate? If you cant stand the heat, stay out of the kitchen.Go cry in a corner whispering how you showed me up, I will still be here. And dont you believe that I would troll the Seachicken site like you are trolling here. I would not waste a second going there because the level of discourse is pure shlock. Just a bunch of pompous windbags who are legends in their own minds. Once Lynch retires, your team will hunger for a winning season.

              1. Look, you’re going to think what you want to and that’s fine, I don’t care. I just know a lot about football for a woman and it’s b/c I’m interested in the sport — in many teams and many players.

                Last year I made a statement in here and said Percy Harvin was not that great of a football player and as it turns out, he’s not. He’s a really gifted athlete. He’s not a good route runner and that’s why he’s going to try his hand at being a cornerback. Whatever, he’s a real problem – 4th team last stop. Howev Buffalo’s a QB away from being contenders. So as you can see the 49ers are just one of many teams I keep tabs on.

              2. That’s impressive Marty or Maria or whoever you are but you are forgetting one small detail:
                You came in here last year running your mouth about everything Seahawks. On a Niners blog nonetheless.Then after they choked in the SB, you cowardly faded into the Pacfic Northwest.
                Now you are back gloating every thing Seahwaks again?
                GTFO here!!!!!!

              3. Football knowledge? Try very very hard to say something intelligent about football. All I see is a weirdo troll who gets her jollies trolling the opposition’s site and hurls insults because she cannot think an intelligible or cogent thought. I am SO impressed.

        1. Coward? You sure like to hurl insults, by cry like a baby when someone face palms you. Go crawl back to the Seachicken site and crow some more. I want to hear more about how that interception did not bother you at all. It sure gave me joy, and confirmed my belief that Cheatin Pete made the most imbecilic call in Super Bowl history. Imagine, the Seahawks were 1 yard away from a repeat. Boy I bet that hurt.

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