And the Niners aren’t saying whether Smith will or won’t play because of it.
“The 49ers organization is aware of the matter involving Aldon Smith,” the team said in a release. “As we continue to gather information regarding this situation, we will have no further comment.”
It’s Smith’s second DUI arrest. Last time, the charges were reduced.
In September 2010, the Jets faced a major uproar regarding the question of whether receiver Braylon Edwards would play following a midweek DUI arrest. Edwards ultimately was benched for the first quarter of a Sunday night game against the Dolphins.
Typically, teams find a way to look the other way when a key player does something he shouldn’t do. Examples are made of the guys who otherwise don’t factor into the team’s plans.
While teams technically don’t have the authority under the labor deal to impose discipline for criminal misconduct, the 49ers could take action against Smith for conduct detrimental to the team. Or any other label the Niners want to apply, since Smith likely wouldn’t fight it.