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49ers’ Aldon Smith Charged with Possession of Marijuana and DUI, Now Suspended Indefinitely From Team

49ers’ Aldon Smith Charged with Possession of Marijuana and DUI, Now Suspended Indefinitely From Team

This past Friday, pro football player Aldon Smith, linebacker for the 49ers, was arrested and charged with possession of marijuana and DUI (driving under the influence).  Despite the arrest, the 49ers allowed Smith to play in Sundays game against the Indianapolis Colts.  When the game ended, Smith returned to the locker room to discover his locker was empty.  Decisions had been made by 49ers’ CEO, Jed York, to punish the 23-year-old by immediate suspension from the team “indefinitely.”

Smith was arrested Friday morning at 7am in the morning by San Jose police.  Allegedly a witness saw Smith crashed his Bentley into a tree and called 911 to report the accident.  No one was hurt during the collision and Aldon walked away uninjured.  However, police suspected Smith of drunk driving.  Smith failed the DUI field tests and the breathalyzer test revealed BAC level of .15, almost twice the legal limit of .08.  Aldon Smith was arrested and charged with possession of marijuana and DUI.  Smith was booked into county jail and bailed out later that day.

This is Aldon’s second DUI arrest, his first DUI charge occurred in Miami in January of 2012.

Aldon released statements after Sunday’s game addressing his DUI and possession of marijuana arrest saying “First off, I wanted to apologize to the team, the organization, my family and everybody I let down. I also wanted to let it be known that this is a problem and it’s something that I will get fixed, and that I’ll do everything in my power to make sure that this never happens again.”

Rumor has it Aldon Smith has already sought out an alcohol treatment program to get help.  Jed York stood by Aldon stating, “Again, I’ll support our players as long as they’re willing to work toward getting better and being better teammates, better members of the community. I believe that Aldon wants to do that, and I will support him and I will stand by him as long as that’s what he’s willing to do.”

Smith will need an experienced DUI and criminal defense lawyer to navigate through these new DUI and possession of marijuana charges.  If found guilty of the DUI, Aldon Smith may suffer an even longer football suspension enforced by commissioner Roger Goodell, who considers a DUI a high level concern.

 

Written by S.O

 

It Runs in the Family, Lindsay Lohan’s Mother Charged with DUI

It Runs in the Family, Lindsay Lohan’s Mother Charged with DUI

Mother Dina Lohan like daughter Lindsay Lohan or is it daughter Lohan like mother Lohan?  Who knows, but one thing is for sure; alcohol and a Lohan do not mix well … a bad recipe resulting in DUI (driving under the influence).

Thursday night, 50-year-old Dina Lohan was charged with DUI in Long Island, New York after being pulled over for speeding 77 mph in a 55 mph zone.  Allegedly during the stop, police observed visible signs of intoxication and asked Dina to take the DUI breath test to determine her BAC (blood alcohol content).  Dina should have refused this DUI test on the basis it is a voluntary test, however, she screwed up, took the test, and blew a .20 BAC result, twice the legal DUI limit of .08.

Li Lo’s mom was taken to jail where she was charged with speeding and DUI.  She was later bailed out of jail, but it wasn’t Lindsay to the rescue, an unknown source came to the aid of mama Lohan.

Rumor has it Dina has been drinking heavy and partying too much.  Still being a poor role model for daughter Lindsay, who also struggles with alcoholism and has a criminal history of DUI charges.

Dina has court next month and hopefully she will be able to find a good DUI lawyer, Lindsay won’t be able to refer her past criminal defense attorney since she fired her attorney while still owing $300,000.00 in legal fees, see my blog “Defense Attorney Saves Lindsay Lohan Despite Being Fired” for more details on Li Lo’s legal mishaps.

 

Written by S.O

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DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

In this DUI case, my client (“MC”) was arrested for driving under the influence in Snohomish county.  The state trooper stopped MC’s vehicle for allegedly “not having working license plate lights” and nothing else.  After a brief DUI investigation, the trooper arrested MC for DUI (driving under the influence).

RCW 46.37.020 mandates vehicles to display lighted headlights and other lights after sunset or before sunrise and at any other time when persons and vehicles on the highway would not be clearly discernible at a distance of one thousand feet.  This statute is relevant because it would determine by law when lights are required on a vehicle while driving and in what type of conditions.

RCW 46.37.050(3) states: “Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear…”  This statute is relevant because it specifically relates to a vehicle’s license plate and some facts related to my case.

My evaluation of MC’s DUI case; the trooper had no basis to stop MC’s car.  However, the state prosecutor didn’t agree with me.  I never take it personal when a prosecutor does not agree with me because, at times, I know they are just doing their “duty.”  So, I set MC’s DUI case for a motion hearing.  A motion hearing is a hearing similar to a trial but without a jury. There is no waiver of a jury trial for this type of hearing.  It’s a hearing where testimony will be provided by witnesses and legal issues presented to a judge.  After hearing all the issues the judge will decide and make certain rulings.

Fortunately for MC, the judge agreed with my argument and dismissed MC’s DUI case!  The judge decided the trooper did not have a reasonable basis to stop MC’s vehicle.  As MC criminal defense attorney, I put a lot of time and energy reviewing police reports, Washington State laws, interviewing witnesses and presenting my findings to the judge in a persuasive manner.  MC was very pleased his DUI was dismissed!