Recently, a piece of proposed legislation entitled “AB 1462″ would have required a defendant to spend a minimum of 85% of his sentence in jail for a vehicular manslaughter conviction in which a person died. The argument in favor of the legislation was that since a person who is currently convicted of a DUI with great bodily injury must serve a minimum of 85% of their sentence in jail, the same situation should apply to someone who is convicted of a DUI with death which, under the current law, only requires a minimum of 50% of the sentence to be served. The intent of the legislation’s author was to apply the 85% requirement to make the offenses equal in their sentencing application. This legislation is opposed in principle by a Napa DUI attorney, a Santa Rosa DUI attorney and a San Rafael DUI attorney.

Ignacio Hernandez, an attorney who operates a legislative advocacy firm in Sacramento, submitted a letter in opposition and on March 6, 2012, testified in opposition to the legislation, explaining to the Committee how the current law is applied and why the 85% standard should not be applied. Testimony against the legislation was also received by the Legislative Committee Co-Chair, Steve Rease. As a result, the legislation did not pass.

Keeping the 50% minimum standard for a vehicular manslaughter case is a position that is encouraged by Napa DUI attorneys, Santa Rosa DUI attorneys and San Rafael DUI attorneys.

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