A citation issued to a woman involved in a wreck that resulted in another woman’s miscarriage is technically nothing more than a traffic ticket, although the miscarriage may affect a court sentence, officials say.
The citation, written as a “violation of a traffic control signal with a fatality,” was issued Wednesday to Kathy Lee, who is employed by the Chattanooga Times Free Press.
She is charged in connection with a wreck that caused Alisha Ramsey to have a miscarriage.
According to Chattanooga police spokeswoman Officer Rebecca Royval, the situation is unusual in that the collision and resulting fatality are not considered a criminal act but must be considered in the court’s ruling.
“We invoke this law in a situation like this, where there’s no other factors like a DUI or reckless driving,” Officer Royval said. “This was a basic accident.”
If Ms. Lee had been driving under the influence, she could have been charged with vehicular homicide, police said.
On July 10, Ms. Lee was driving south on Holtzclaw Avenue when she ran a red light and collided with a taxi on McCallie Avenue, according to Officer Royval.
The collision ejected Ms. Ramsey, a passenger in the taxi who was 24 weeks pregnant. Ms. Ramsey, who was not wearing a seat belt, was injured and lost the fetus.
The Hamilton County Medical Examiner’s Office determined that the male fetus was viable before the wreck. Under Tennessee law, a fetus is viable when a pregnancy is in its 23rd week, or when the fetus weighs 500 grams or more.
Ms. Ramsey has not been cited for failure to wear a seat belt, and Officer Royval said laws regarding proper child restraint do not apply to pregnant women.
The Chattanooga Police Department has rarely had to determine charges in a traffic accident involving a miscarriage, she said.
Tennessee Highway Patrol Sgt. Tim Spicer said he has not heard of the particular wording of the citation, but that it may be what’s called an enhancement – a title containing a fuller description of the accident’s effects but without extra charges.
“It won’t put more charges on her record, but it may mean the judge gives a harsher sentence,” Sgt. Spicer said.
Georgia’s laws are stricter than Tennessee’s.
According to Trooper Stephen Kennedy with the Georgia State Patrol, someone who caused an accident resulting in a miscarriage could be charged separately with feticide by vehicle.
He said punishment could be from one to 15 years in jail, depending on what led to the accident.
Georgia law defines “unborn child” as “a member of the species Homo sapiens at any stage of development who is carried in the womb.”
Investigators still are looking into the incident. Ms. Lee’s court date is set for Aug. 25, police said.
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Article: Chattanooga: Woman charged in wreck that caused miscarriage