Frank and Melanie are attending the Tennessee Association of Criminal Defense Lawyers Conference in Nashville today and have been getting briefed on new and changing laws in Tennessee. Frank sent the following on Vehicular Homicide. . .
As a general rule, Vehicular Homicide is a class B felony that carries a possible sentence of 8-20 years. However, in some instances there is the possibility of a fully probated sentence if the facts and circumstances warrant such a sentence.
The Tennessee Legislature has now set arbitrary minimum mandatory sentences for Vehicular Homicide:
- If for a first violation of Vehicular Homicide, the sentence shall include a mandatory minimum sentence of (48) hours;
- If the person has one prior conviction for an alcohol related offense, the person shall serve 45 days consecutive days of incarceration and is not eligible for probation until such sentence is served;
- If the person has a combination of two prior conviction for an alcohol related offense, the person shall serve 120 consecutive days of incarceration;
- If at the time of sentencing, the person has any combination of three or more prior convictions for an alcohol-related offense they shall serve a mandatory minimum sentence of (150) days.
This sentencing law takes effect July 1, 2015 .