Aldon Smith arrested again

[darken65]

I believe the 1st DUI was expunged from his record after he completed some program about being a first time offender, I read something about that maybe a year or so after he was arrested in Florida. Being rich and an NFL player gave him a break the 1st time. I don't think California can use his DUI arrest in Florida against him since legally it never happened after he completed that program, so they have to treat him as a 1st time offender. The NFL however, does not, so I'm sure they'll hand down a 2-4 game suspension eventually.

I can't find the article to prove what I'm saying, but as he was never punished for that DUI in Florida... that should be enough to convince you that I'm not lying or making it up.

That program didn't work and I believe it might still be on record until a certain amount of time without a repeat offense but in FL only...not another state. Not sure about that.

 

[Crimsoncrew]

I believe the 1st DUI was expunged from his record after he completed some program about being a first time offender, I read something about that maybe a year or so after he was arrested in Florida. Being rich and an NFL player gave him a break the 1st time. I don't think California can use his DUI arrest in Florida against him since legally it never happened after he completed that program, so they have to treat him as a 1st time offender. The NFL however, does not, so I'm sure they'll hand down a 2-4 game suspension eventually.

I can't find the article to prove what I'm saying, but as he was never punished for that DUI in Florida... that should be enough to convince you that I'm not lying or making it up.

I read somewhere that he pled to reckless driving in FL. I can't speak to how it works in FL, but in CA a relatively common resolution in DUI cases with a low BAC or evidentiary issues is to plead to a "wet reckless." It's basically reckless driving with alcohol in the system. The punishments are less than for a DUI, but it is still "priorable," meaning if you get a second DUI, the wet reckless counts as a prior DUI and the minimum terms for a second DUI apply. I'm not aware that CA offers a diversion program - behave for a year and it goes away - for DUIs, but it wouldn't shock me if FL does. And depending upon how they deal with reckless driving, it may only count as a first here. But I think the NFL's reaction is the bigger question anyway. The justice system's response probably will not be anything terribly significant in terms of detracting from his play.

 

[threelittleturds]

I read somewhere that he pled to reckless driving in FL. I can't speak to how it works in FL, but in CA a relatively common resolution in DUI cases with a low BAC or evidentiary issues is to plead to a "wet reckless." It's basically reckless driving with alcohol in the system. The punishments are less than for a DUI, but it is still "priorable," meaning if you get a second DUI, the wet reckless counts as a prior DUI and the minimum terms for a second DUI apply. I'm not aware that CA offers a diversion program - behave for a year and it goes away - for DUIs, but it wouldn't shock me if FL does. And depending upon how they deal with reckless driving, it may only count as a first here. But I think the NFL's reaction is the bigger question anyway. The justice system's response probably will not be anything terribly significant in terms of detracting from his play.

Oh you're absolutely right, that is what it was... he got it down to reckless driving with that program. My mistake. I remembered that he got out of the DUI and I guess I confused the details with something else but what you said sounds more accurate to what I read.

 

[tomikcon1971]

@mattbarrows: Spinning his wheels: Here's the mark left by Aldon Smith's truck. Left wheel dug hole in yard; right burned rubber. http://t.co/Qtjafr91yq

 

[MrChangoT97]

no news yet?

 

[darken65]

no news yet?

Aldon's future supensions/fines will happen at a later time...maybe much later. He will be on the field tomorrow (hopefully sober).

 

[MrChangoT97]

*Inside source* says the 49ers will have a announcement this afternoon.

 

[whysies]

*Inside source* says the 49ers will have a announcement this afternoon.

wut

 

[jayviabay]

In San Jose the DA's Office prides itself on its 99.9% conviction rate by getting people to take deals of lesser charges, pleading no contest, and never having to drag a case through court.

My buddy was in a similar situation and he took a deal that reduced it to reckless driving and destruction of public property. He got court(formal) probation and a bunch of fines.

 

[spacedoodoopistol]

My buddy was in a similar situation and he took a deal that reduced it to reckless driving and destruction of public property. He got court(formal) probation and a bunch of fines.

Same thing happened to Aldon, though his first offense was in Florida it was handled the same way.

But the conditions of that deal were that if he got a 2nd within 10 years, the original offense would be treated as a DUI, meaning he is subject to the serious punishment a 2nd DUI brings. Which is (by statute, at least):

Penalty: Second Offense Within Ten Years

23540. (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of a separate violation of Section 23103, as specified in Section 23103.5, 23152, or 23153, that resulted in a conviction, that person shall be punished by imprisonment in the county jail for not less than 90 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be suspended by the department pursuant to paragraph (3) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.

V C Section 23540 Penalty Second Offense Within Ten Years

I would imagine if he spends enough on his legal defense he might be able to transform some of this into an absurd amount of public service or fines and such. But I don't think he'll be able to plea this one away.

 

[zman1527]

I think we all need to consider that this may be a bigger issue than a one-time suspension or whatever. Repeating this kind of offense is worrisome, can he get it together or is he possibly going to turn into a real problem child?

 

[imac_21]

I think we all need to consider that this may be a bigger issue than a one-time suspension or whatever. Repeating this kind of offense is worrisome, can he get it together or is he possibly going to turn into a real problem child?

This is why I'm in favour of looking to replace him. So that we don't have to worry about the super suspensions he will be catching under Goodell if he keeps this behaviour up. I'd love to be able to say "I don't care what happens with him off the field, as long as he performs on it" like we could have 20 and 30 years ago (LT was brought up earlier in the thread), but unfortunately, now more than ever before the performance off the field impacts one's ability to actually get on the field to perform.

I want to see what it would take to get Brand Graham out of Philly (he's a FA in 2015, so we would have basically 2 years to see what he's got. He's making 1.25M this year and 1.67M next year as base salaries, so he would be quite affordable. If Aldon continues down this reckless path he's on, when he's a FA we look to get away from him. If he straightens himself out, we keep him.

If he figures his shit out, I don't think it would be a bad thing to have Smith/Graham/Brooks/Lemonier as pass rushers in the "new" NFL where teams want to move as fast as possible on offense and have a 2:1 throw:run ratio.

Basically, it isn't that I don't trust him to be able to maintain his quality of play based on his lifestyle choices, but I don't trust him to cleanup his lifestyle choices enough to stay on the field. Or at least I'm wanting to hedge any bet that he can by having a plan in place to replace him.

And I love Brandon Graham, as those from ESPN can attest.

 

[TobyTyler]

Oh yes he will. Mark Grace is a rich and famous MLB player and he got fucked after his 2nd DUI.

He kept his job.

 

[TobyTyler]

@mattbarrows: Spinning his wheels: Here's the mark left by Aldon Smith's truck. Left wheel dug hole in yard; right burned rubber. http://t.co/Qtjafr91yq

That baboon should be responsible for fixing the dude's yard.

 

[NinerSickness]

Question:

In California, they take away your license for a year when you get a DUI right?

Maybe this'll force Aldon to hire a friggn' driver.

 

[NinerSickness]

That baboon should be responsible for fixing the dude's yard.

:rollseyes:

He is. It's called auto insurance.

 

[imac_21]

:rollseyes:

He is. It's called auto insurance.

Will insurance cover damages from a DUI? Don't most insurance companies not cover damages that result due to illegal activities?

 

[RoboticDreams]

I'm getting tired of Aldon. He's a really good player but his off the field transgressions are embarrassing. They need to hire a team of babysitters, kind of like Jerry Jones did for Dez Bryant.

 

[NinerSickness]

Will insurance cover damages from a DUI? Don't most insurance companies not cover damages that result due to illegal activities?

I'm pretty sure the insurance company has to cover the inital costs, but the insurance company can then go after Aldon for driving drunk. And even if Aldon doesn't have enough insurance to cover the costs (which is unlikely because he probably has an expensive car), the people could just sue Aldon (and win with no problem) for the difference.

 

[imac_21]

I'm pretty sure the insurance company has to cover the inital costs, but the insurance company can then go after Aldon for driving drunk. And even if Aldon doesn't have enough insurance to cover the costs (which is unlikely because he probably has an expensive car), the people could just sue Aldon (and win with no problem) for the difference.

I have no doubt that the property owner won't have to pay for repairs. I just wonder if the insurance company has to cover it when the cause is DUI. With the type of situations that insurance companies regularly get out of, I can't see it paying for a case where they obviously shouldn't have to.