The Associated Press reports San Francisco 49ers linebacker Aldon Smith has been arrested for driving under the influence of drugs and alcohol. The DUI arrest was made Friday morning in San Jose, California.
According to San Jose police, they received a call about a vehicular crash involving a pickup truck Friday morning at 7 a.m. At the scene the officers found Aldon Smith. After administering a breathalyzer and other tests the police arrested Aldon Smith for DUI.
The San Jose Mercury News reports Aldon Smith’s blood alcohol concentration level or BAC was twice the legal limit of .15%. Unnamed sources confirmed that Aldon Smith had hit a tree and police had found marijuana and pills in the car after the accident.
The police noted, “We conducted an investigation and determined he was under the influence.”
What do the 49ers think?
Friday morning the team released a statement, “The 49ers organization is aware of the matter involving Aldon Smith. As we continue to gather information regarding this situation, we will have no further comment,” the team said. There has been no information from the team regarding a possible suspension from the team or the league. Smith was expected to play on Sunday when the 49ers host the Indianapolis Colts at Candlestick Park.
Aldon Smith was taken to the Santa Clara County jail where was booked. Bail was set at $5, 250 for the All Pro linebacker. As of this report Aldon Smith remains in police custody.
Aldon Smith off-field actions overshadow on-field success
Friday morning’s DUI arrest is not the first for Smith, who was arrested for drunk driving on January 2012 in Miami Beach. This DUI incident was preceded by an earlier report that a Northern California man has filed a lawsuit against the linebacker for injuries sustained during a shooting at Aldon Smith’s house.
According to the lawsuit, earlier this month in the Santa Clara County Superior Court, the attorney for the injured party claimed his client Ronndale Esporlas, was shot at Aldon Smith’s house by Smith and another former Niners’ tight end Delanie Walker. According to reports, a weapon was discharged illegally during a party on June 29, 2012, injuring Ronndale Esporlas.
Esporlas claims Smith and Walker were intoxicated and discharging their firearms on the balcony of Smith’s home. Esporlas claims he was shot two times in the leg after the pair moved to the driveway and continued to discharge their guns. Esporlas claims he was “caught in the crossfire between the two groups of people firing gunshots at each other.”
Criminal charges are also pending against the Smith and Walker who are claiming they should not be blamed for injuries Esporlas sustained because he “freely and voluntarily exposed himself to all risks of harm” by attending the party.
According to reports, Esporlas, “sustained serious, catastrophic and permanent injuries,” the lawsuit said. The lawsuit seeks unspecified damages.
If Aldon Smith is convicted of a second DUI he can expect to have his license suspended and pay high fines and penalties.
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