Raiders sign ALDON SMITH

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Re: Raiders sign ALDON SMITH 

Post#41 » by benchmobbin02 » Sat Sep 12, 2015 6:53 pm

Twinkie defense wrote:Yeah Reg confirmed the details of how Aldon Smith's contract could roll over, depending on how many games he plays. That's good news for the Raiders.


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We all know how you meant it and it wasn't like that but play it how ever you want. Just makes you look worst.
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Re: Raiders sign ALDON SMITH 

Post#42 » by Twinkie defense » Sat Sep 12, 2015 10:23 pm

I have no idea what you're on about, but no worries, carry on...


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Re: Raiders sign ALDON SMITH 

Post#43 » by benchmobbin02 » Sat Sep 12, 2015 10:51 pm

You do know and I will carry on. No free passes haha
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Re: Raiders sign ALDON SMITH 

Post#44 » by Twinkie defense » Mon Sep 14, 2015 11:10 pm

Suspension update:
Per a source with knowledge of the situation, the NFL currently is reviewing Smith’s case under the substance-abuse policy. The DUI charge pending against Smith has become the focal point of the review.

Although he could be considered a repeat offender under the Personal Conduct Policy, the charges of vandalism and hit-and-run won’t create any significant problems because the accusations don’t involve violence against a person, according to the source.

A separate question for Smith arises from the possibility that he was consuming alcohol in violation of his treatment plan under the substance-abuse program. If Smith is in Stage 3 of the program, any deviation from his treatment plan could subject him to a one-year suspension, even without a failed alcohol test.

From Smith’s perspective, there was no reason to keep waiting for the league to act, because not signing with the Raiders or another team (and a separate source tells PFT that the Bucs and Jaguars offered roughly twice as much money as the Raiders did) would have operated as a de facto suspension.

He’ll then be able to play while his appeal rights are fully pursued. Under the new substance-abuse policy that was finalized last September, appeals go to neutral arbitration.

It’s also possible that Smith and the NFL could negotiate a suspension, which would be imposed without exhaustion of appeal rights.

Either way, Smith remains free to play either until he agrees to a suspension or until a suspension is imposed and his appeal ends.

If I had to make an informed guess I suppose Aldon will not go on the Commissioners Exempt List, he may well have a long suspension, but the suspension won't kick in right away - so maybe he is able to play the early part of the season for the Raiders, his contract vests, and then next season Reggie McKenzie has first crack to re-sign him for next season. Hopefully his suspension wouldn't be so long that it carries into next season.

In the mean time Aldon would be well-served to stay away from Ray McDonald!
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Re: Raiders sign ALDON SMITH 

Post#45 » by benchmobbin02 » Tue Sep 15, 2015 2:31 am

The important think that I took away from that quote was that it isn't known what stage of the program he is in. That is the deciding factor in what kind of suspension he gets from the league. Im about 2/3 of the way thru the policy and just from what I have gleaned so far it looks like he is probably looking at another 8 game suspension IMO but we'll see because it is confusing as hell and we don't know where EXACTLY he is in the program.
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Re: Raiders sign ALDON SMITH 

Post#46 » by Twinkie defense » Tue Sep 15, 2015 5:14 am

You can probably surmise from the number of alcohol problems he's had, where he is in the substance abuse program.
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Re: Raiders sign ALDON SMITH 

Post#47 » by Twinkie defense » Tue Sep 15, 2015 5:22 am

2. Commissioner has discretion over enhanced DUI bans

Though a two-game suspension without pay is the new standard for a first offense related to alcohol and operating a vehicle, the commissioner can impose increased discipline under "aggravating circumstances." Per the term sheet:

If the Commissioner finds that there were aggravating circumstances, including but not limited to felonious conduct, extreme intoxication (BAC of .015% or more), property damage or serious injury or death to the Player or a third party, and/or if the Player has had prior drug or alcohol-related misconduct, increased discipline may be imposed.

Discipline for a second or subsequent offense, absent aggravating circumstances, will be a suspension without pay for eight regular and/or postseason games as determined by the Commissioner.
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Re: Raiders sign ALDON SMITH 

Post#48 » by Twinkie defense » Tue Sep 15, 2015 5:28 am

Step Three: The third time a Player violates the Policy by testing positive for a Prohibited Substance; attempting to substitute, dilute or adulterate a specimen; manipulating a test result; or by violation of Section 5:

Banishment from the NFL for a period of at least two (2) seasons
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Re: Raiders sign ALDON SMITH 

Post#49 » by benchmobbin02 » Tue Sep 15, 2015 7:08 am

Of course, you can assume that he is in the program but that is an assumption. From reading the policy there are a lot of factors that go into being put into , being kept on and getting off the program. We don't know for sure that he is actively in it or has been and been released from it. We also don't know what stage he is in, if on it or what the results of the case will be or the circumstances of the arrest, as they haven't been fully released or proven. All these things will influence the suspension, if there is one.

Just putting random line from the policy means nothing when we don't know the things above, i.e. context.
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Re: Raiders sign ALDON SMITH 

Post#50 » by FNQ » Tue Sep 15, 2015 3:37 pm

Just an FYI: Aldon's first DUI was reduced to wet and reckless. So no, you cannot surmise anything correctly.

Seriously doubt Goodell flexes his muscles and goes for a punishment over the minimum after what's happened in court recently. 0-5.

BTW, Josh Gordon is a 3 timer. He's sitting out for the season, 1.
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Re: Raiders sign ALDON SMITH 

Post#51 » by Quake Griffin » Tue Sep 15, 2015 4:33 pm

LOL at the story in this case.

it's a joke.
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Re: Raiders sign ALDON SMITH 

Post#52 » by Twinkie defense » Tue Sep 15, 2015 7:06 pm

What's a joke Quake?

It's not about Goodell flexing his muscles, the penalty is going to be more or less prescribed. Going into the program would have been automatic from his first alcohol offenses. Reg what do you call minimum? How many games. Anyone who thinks he will be suspended for fewer games than he was suspended for last season is nuts in my book - put your sigs where your mouth is and lets have a bet!
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Re: Raiders sign ALDON SMITH 

Post#53 » by FNQ » Tue Sep 15, 2015 7:44 pm

Twinkie defense wrote:What's a joke Quake?

It's not about Goodell flexing his muscles, the penalty is going to be more or less prescribed. Going into the program would have been automatic from his first alcohol offenses. Reg what do you call minimum? How many games. Anyone who thinks he will be suspended for fewer games than he was suspended for last season is nuts in my book - put your sigs where your mouth is and lets have a bet!


Actually looking at the online policy, its strictly for DUI convinctions, so a wet and reckless does not qualify there. So technically, if convicted, it would be his 2nd DUI conviction. 2nd DUI conviction is a minimum of 8 games per the personal conduct policy. He is technically allowed to add more to that, but based on his recent track record, he probably won't.

Although, this one will be sketchy. The cop asked to take a sobriety test (denied) even though he never saw Aldon driving, it was just testimony from the neighbor. Who, it turns out, may or may not have seen Aldon driving, just that they knew their car was hit. Lots of legal gray areas.
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Re: Raiders sign ALDON SMITH 

Post#54 » by benchmobbin02 » Tue Sep 15, 2015 11:59 pm

We don't know what stage of the program he is in or the amount of games was for the personal conduct and what amount was for the substance abuse program in his previous suspension . Guessing or betting would be pointless.

We do know that the new POLICY AND PROGRAM ON SUBSTANCES OF ABUSE went into affect after his first DUI and his latest offense was not only for the wet and reckless but for the guns in his house and he got 9 games. Meaning part of that suspension was for the personal conduct program. So 2-4 games would make senes for the wet and reckless because he didn't get one game for the guns felonies.

That is also in line with section 2.2 of the ABUSE OF ALCOHOL AND VIOLATIONS OF LAW RELATED TO SUBSTANCES OF ABUSE which states -
2.2 Violations of Law Involving Alcohol

The Commissioner will review and may impose a fine, suspension, or other appropriate discipline if a Player is convicted of or admits to a violation of the law (including within the context of a diversionary program, deferred adjudication, disposition of supervision, or similar arrangement including but not limited to nolo contendere) relating to the use of alcohol.

Absent aggravating circumstances, discipline for a first offense will be a suspension without pay for two(2) regular or postseason games. If the Commissioner finds that there were aggravating circumstances, including but not limited to felonious conduct, extreme intoxication (BAC of.15% or more), property damage or serious injury or death to the Player or a third party, and/or if the Player has had prior drug or alcohol-related misconduct, increased discipline may be imposed.

Discipline for a second or subsequent offense, absent aggravating circumstances, will be a suspension without pay for eight(8) regular and/or postseason games as determined by the Commissioner.


So he could be looking at 8 games if they can prove DUI in this case but it is far from certain they will as FNQ has stated above. WHICH IS LESS THAN HIS PREVIOUS SUSPENSION. I would also say a good lawyers will probably get the DUI thrown out and he only gets hit with damages to the other car. And in that case maybe no suspension at all.
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Re: Raiders sign ALDON SMITH 

Post#55 » by Twinkie defense » Wed Sep 16, 2015 3:45 am

Nobody has to "prove" DUI and his lawyers don't matter. You're conflating legal issues and issues with an employer. If you think Aldon will be suspended for less than 9 games take me up on my sig bet.


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Re: Raiders sign ALDON SMITH 

Post#56 » by Twinkie defense » Wed Sep 16, 2015 4:26 am

FNQ wrote:Aldon Smith hit for DUI #2, vandalism, hit and run.

/career

:o Harsh! :P
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Re: Raiders sign ALDON SMITH 

Post#57 » by benchmobbin02 » Wed Sep 16, 2015 5:40 am

Twinkie defense wrote:Nobody has to "prove" DUI and his lawyers don't matter. You're conflating legal issues and issues with an employer. If you think Aldon will be suspended for less than 9 games take me up on my sig bet.


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Re: Raiders sign ALDON SMITH 

Post#58 » by FNQ » Wed Sep 16, 2015 3:07 pm

Twinkie defense wrote:
FNQ wrote:Aldon Smith hit for DUI #2, vandalism, hit and run.

/career

:o Harsh! :P


didnt think any team would touch him, nothing to do with suspension.
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Re: Raiders sign ALDON SMITH 

Post#59 » by Twinkie defense » Mon Oct 5, 2015 8:25 pm

"Smith is scheduled to be arraigned on Tuesday for his August arrest on DUI, hit and run and vandalism charges. He figures to be subject to an NFL suspension at some point, although the arraignment won’t likely have much impact on that as the NFL may be waiting to see how the legal process plays out with his case."


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Re: Raiders sign ALDON SMITH 

Post#60 » by Twinkie defense » Wed Nov 18, 2015 2:56 am

Aldon Smith suspended one year. No surprise - that's exactly what I expected. We got some games out of him and can squat on his rights next season. As long as he doesn't eff up again in a big extension it was a good signing.


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