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should expect a ballot measure come november. in san jose, kiet do, kpix 5. well, a santa clara police department just wrapped up a

news conference about the arrest of 49er linebacker aldon smith. our mark sayre is there.

he joins us with the latest. mark. reporter: we have a few new details. this happened about 8:45 last night in the 500 block of more land way apparently either an apartment complex or condo complex near levi's stadium

where the santa clara police indicated they believe that aldon smith may live. apparently there was some sort of collision between aldon smith's vehicle and another vehicle either in a parking lot or in garage. aldon smith's door was opened

as he was backing out. he crashed his door into the door of another car. and then according to santa clara police he actually left the scene apparently on foot. and the police were called. when they came back, aldon smith came back on his own met

with the police officers, agreed to take a field sobriety test which i officers said he failed, and he was arrested. one of the charges is leaving the scene of an accident and the collision with the car. that is described by the santa clara police department just a

few minutes ago. he was in close proximity attempting to park his vehicle and while doing that he collided with another vehicle next to it. i don't know the distances. a few feet? i don't know the distance.

i'll be speculating if i gave an answer. again, how is that hit-and- run? he left the scene, did not identify himself at all. and it was not until the officers returned to the scene he came back down and contacted

the officers. reporter: aldon smith was taken to the santa clara county detention center where he was booked. he did bail out this morning. also, at this point, we are expecting him to be in court for an arraignment.

the official charges of course will be filed by the santa clara d.a.'s office and the

car hire oakland airport,49ers cut him from the team. that's the latest. we'll have more coming up later on tonight at 5:00.