Plan B Forum

A San Francisco labor lawyer who ran over and killed a 57-year-old bicyclist in Dublin was sentenced Friday to 30 days in county jail after an Alameda judge reduced his felony hit-and-run case to a misdemeanor over the objections of prosecutors.

Alameda County Superior Court Judge Michael Gaffney also ordered Spencer Smith, 35, to wear an electronic monitoring ankle device for 11 months and abstain from alcohol before beginning his month-long jail sentence. He was also ordered to serve three year of probation.

Gaffney’s decision came a month after Smith pleaded no contest to felony hit-and-run resulting in injury and death, and misdemeanor vehicular manslaughter.

While prosecutors objected to the sentence, Gaffney exercised his discretion, based on his review of the evidence, to reduce all of Smith’s charges of misdemeanors.

“People are saying Mr. Smith got special treatment, but he didn’t. This case was a tragic accident,” said Smith’s attorney, Dionne Choyce.

Choyce said the evidence showed that bicyclist Bo Hu, a tourist from China, was struck while walking his bike in the middle of a dark road. He said Smith, who is blind in his right eye, thought he struck a large rock or deer.

“He didn’t know he hit a person,” said Choyce, adding that prosecutors presented no evidence that Smith was speeding or driving reckless. “This could have happened to anyone. No one would expect someone walking their bike in the middle of the street.”

Smith was scheduled to surrender to authorities to begin his jail sentence, but Gaffney allowed him to put it off until next year after he submitted a note from his wife’s doctor indicating she has pregnancy complications, Choyce said.

On May 15, 2012, Hu was walking his bike north on Dougherty Road in Dublin, near Willow Creek Drive, when he was hit by a car from behind about 11:30 p.m. and died at the scene.

The driver continued north without stopping. Video surveillance footage and cell phone records placed Smith at the scene of the crash and confirmed that he was driving, authorities said.

Smith, who is still licensed to practice law, was arrested a day after the accident when police found his damaged 2012 Mercedes CLS550 in his garage in San Ramon, 3 miles north of the crash site.

“He admitted early on that he never wanted to contest this or go to trial,” Choyce said of Smith.

Bill Hutchinson is a San Francisco Chronicle staff writer. E-mail: bhutchinson@sfchronicle.com Twitter: Bill_Hutchinson

they have a test that can tell if you have been drinking in the past 80 hours. But I doubt it can tell how much.