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Sports

49ers' Smith out on bail after his arrest for DUI

49ers' Smith out on bail after his arrest for DUI
FILE - In this Aug. 25, 2013, file photo, San Francisco 49ers linebacker Aldon Smith stands on the sideline during an NFL preseason football game against the Minnesota Vikings in San Francisco. (AP Photo/Marcio Jose Sanchez, File)
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SAN FRANCISCO (AP) - San Francisco 49ers All Pro linebacker Aldon Smith was released from jail Friday after his pickup truck apparently struck a tree and he was arrested on suspicion of driving under the influence and marijuana possession, authorities said.

Smith later took to the practice field with his teammates Friday afternoon at team headquarters in Santa Clara. He is scheduled to appear in court on Nov. 4.

It is not clear whether Smith will play Sunday for the Niners when they host the Indianapolis Colts at Candlestick Park. The team released a statement Friday regarding Smith shortly after his arrest.

"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.

Smith, 23, posted $5,250 bail and was released from the Santa Clara County jail late Friday morning, just hours after he was taken into custody by police responding to a single-vehicle crash that involved his truck in San Jose, Santa Clara County Sheriff's Sgt. Kurtis Stenderup said.

San Jose police arrested Smith after officers received a call from a resident about the crash in the city's Silver Creek area around 7 a.m., Sgt. Heather Randol said.

Officers proceeded to give Smith breath and other tests after his pickup apparently struck a tree, hit a curb and left streak marks on a driveway and sidewalk.

"They conducted an investigation and determined he was under the influence," Randol said about Smith. "He was the only person inside the vehicle."

The linebacker, who played in his first Pro Bowl and helped the Niners appear in the Super Bowl last season, was also arrested on suspicion of drunken driving in Miami Beach in January 2012.

Smith, who turns 24 on Wednesday, 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 49ers 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 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, who currently plays for the Tennessee Titans, 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.
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