Gwinnett first: Vehicular homicide charge for texting

By Larry Hartstein

The Atlanta Journal-Constitution

For the first time, Gwinnett police have used text messaging as the basis for a vehicular homicide charge.

But the lawyer for the woman charged claims police are "pushing the envelope and trying to establish a test case."

Police say Lori Reineke was distracted due to texting when her 2008 Ford Edge hit and killed pedestrian James Eaton III last Oct. 30.

Reineke, 48, had a green light and was not speeding, police said. Eaton, also 48, entered the crosswalk while the pedestrian light was red.

But had Reineke not been texting, "the outcome might have been different," police spokesman Cpl. David Schiralli said. "Investigators saw this as a contributing factor. He was crossing against the light, which would be another contributing factor. There may be more than one."

Following months of investigation, Reineke was arrested last Friday and charged with vehicular homicide, reckless driving, failure to exercise due care and engaging in actions which distract from the safe operation of a motor vehicle. She posted $34,900 bond and was released the next day.

The arrest warrant alleges that Reineke caused Eaton's death "by using her cell phone by text messaging and not paying attention to the roadway..."

Reineke's lawyer, Larry Delan, called the allegations baseless.

"It was dark, it was rainy and she just didn't see him in time," Delan said. "Obviously, this is a case in which they are pushing the envelope and trying to establish a test case.

"At the time the accident occurred, she was not texting," he added. "She was absolutely not distracted by texting."

Schiralli would not say what prompted investigators to examine the texting issue.

The accident occurred between 8:10 and 8:20 p.m. at a Sugarloaf Parkway intersection in Duluth.

Reineke's arrest comes at a time when state lawmakers are considering two bills that would ban texting while driving.

Last month, a 19-year-old Lilburn man suffered serious injuries when he crashed his car into a telephone pole while sending a text message.  The driver was charged with improper use of a cell phone while driving and failure to maintain his lane.

"People need to be paying attention to the roadway," Schiralli said. "It can not only save the driver's life, but those of passengers and other drivers."