49ers Player Pleads No Contest to 2 DUI Charges
Last September, Aldon Smith, 49ers linebacker, was charged with DUI after he crashed into a tree in San Jose, California. Police indicated Smith’s BAC was more than twice the legal limit.
This DUI case occurred subsequent to Smith being charged with multiple felonies following a party in June 2012. In that case, Smith was charged with 3 counts of illegal possession of an assault rifle. Police found the rifles when they responded to the house. Smith allegedly shot a gun into the air and two other people were shot following a melee at the party. Smith purchased the guns legally in Arizona, but the guns are illegal in California.
More recently, Smith was contacted at the airport after becoming belligerent and threatening that he had a bomb. Felony charges will not be filed in that case, but lower level charges are being investigated.
What is a No Contest Plea?
A no contest plea is similar to a guilty plea in that it results in a conviction for the charge, but it differs from a guilty plea in that the person is pleading, or saying, he is actually guilty of the crime charged. A no contest plea means the person pleading believes there is sufficient evidence for the prosecution to convict.
Generally, both the prosecution and the judge have to agree to a no contest plea. Some prosecutors and judges will not allow or accept no contest pleas.