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Push for harsher DUI laws after boy killed by repeat offender

Local law firm pushes for tougher DUI penalties
Push for harsher DUI laws after boy killed by repeat offender
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BAKERSFIELD, Calif. (KERO) — A Bakersfield law firm is calling for stricter DUI sentencing after an 8-year-old boy was killed by a suspected drunk driver last week, highlighting a disturbing increase in DUI-related deaths in the city.

Xxavien Hernandez was struck and killed on East California Avenue. The incident has prompted the law firm Chain, Cohn, Clark to launch a petition demanding tougher penalties for drunk driving offenses.

"I mean, the loss of a child is a parent's absolute worst nightmare, and that's what this family is living with, and it's unacceptable," Clark said.

The tragedy is part of a troubling trend in Bakersfield. In 2024, there were 14 DUI-related deaths in the city. This year, that number has already been surpassed with 25 deaths so far.

"Everyone in the universe knows it's dangerous to drink and drive, I mean no one can claim to be ignorant of that issue, and yet people are still doing it," Clark said.

The law firm's petition calls on state legislators to implement harsher DUI sentencing guidelines. Clark explains that first-time DUI offenders often receive varying sentences depending on the severity of the outcome, but many typically face only fines.

Andres Serna, the man accused of driving drunk and killing Xxavien Hernandez, had two prior DUI offenses.

"Didn't teach him a lesson, right, so something needs to be done. Put people in jail, give real teeth to the sentencing on DUI's so people realize it's just not worth it," Clark said.

The petition has gathered more than 8,600 signatures, with a goal of reaching 10,000. Xxavien's family is aware of the petition and has signed it.

"It allows us to then take it before our elected officials and at least motivate them to do something, because right now seemingly nothing is happening to change the rules, to change the laws," Clark said.

If you're interested in signing the petition, click here.

This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.


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