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Aldon Smith, San Francisco 49er linebacker, arrested on suspicion of DUI in Calif., report says

SAN FRANCISCO, CA - CIRCA 2011: In this handout image provided by the NFL, Aldon Smith of the San Francisco 49ers poses for his NFL headshot circa 2011 in San Francisco, California. (Photo by NFL via Getty Images) Handout

Aldon Smith of the San Francisco 49ers poses for his NFL headshot circa 2011 in San Francisco, California.
NFL via Getty Images

(CBS/AP) SAN JOSE, Calif. - San Francisco 49ers linebacker Aldon Smith was arrested Friday morning on suspicion of driving under the influence and marijuana possession in San Jose after driving into a tree, reports the San Jose Mercury News.

PICTURES: NFL athletes in trouble with the law

Smith was arrested by officers who received a call about a solo vehicle crash around 7 a.m., San Jose police Sgt. Heather Randol said.

Sources tell the paper marijuana and pills were found in the car and Smith was found to have a blood alcohol level of .15 - nearly twice the legal limit. He was reportedly released after posting $5,250 bail.

The team released a statement regarding the Pro Bowl linebacker Friday morning.

"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.

CBS Sports reports this is Smith's second DUI arrest since he was picked up by the 49ers in 2011. He was arrested for DUI in January 2012 after an incident in Miami Beach but those charges were later reduced.

Smith has also been named in a lawsuit by a Northern California man who said he was shot during a party at Smith's house.

In the suit filed earlier this month in Santa Clara County Superior Court, David Kleczek, an attorney for Ronndale Esporlas, claims that Smith and former Niners tight end Delanie Walker fired weapons illegally during a party at Smith's San Jose home on June 29, 2012.

The players charged a $10 admission and $5 per drink, the lawsuit said. Smith, 23, and Walker, who is also named in the suit, were allegedly intoxicated on Smith's balcony when they later fired gunshots in the air while trying to end the party, the lawsuit said.

Kleczek said they then moved to the driveway where he alleged more shots were fired. Esporlas, 21, was shot twice in the leg while he was "caught in the crossfire between the two groups of people firing gunshots at each other," the lawsuit said.

As a result, Esporlas, "sustained serious, catastrophic and permanent injuries," the lawsuit said. The lawsuit seeks unspecified damages.

Attorneys for Smith and Walker, 29, have said Esporlas "freely and voluntarily exposed himself to all risks of harm" by attending the party.

They say injuries suffered by Esporlas, who was shot in the leg, were not caused by the defendants.

Santa Clara County prosecutors have said they are considering criminal charges.

  • Stephanie Slifer

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