Chicago DUI attorney comments on the guilty verdict in the nail painting accident

This Chicago DUI attorney posted here and here just over a year ago about a tragic accident involving the death of a motorcyclist in an accident involving a distracted car driver.  The car driver was painting her nails.  A short time ago a jury returned a verdict in the charge against her for reckless homicide.

From Chicagobreakingnews.com:

After hearing two days of testimony, a Lake County jury has convicted a Morris woman who was painting her nails while driving when she struck and killed a motorcyclist at a red light. 

Lora Hunt was found guilty of reckless homicide in the death of Anita Zaffke in Lake Zurich on May 2, 2009.

During his closing argument, Hunt's lawyer said Hunt has admitted that painting her nails while driving was a "stupid, stupid thing." But Jeff Tomczak argued that it was no different than eating a sandwich, talking on a cell phone or tending to a baby.

"She was negligent, not reckless," Tomczak said. "She can't be found guilty." 

But Assistant State's Atty. Mike Mermel insisted that Hunt had acted recklessly. 

"It is not the same as biting a sandwich. . .it's a voluntary disablement," he said. "She might as well have been in the back seat making a sandwich."  

I disagree with the State’s Attorney.  I believe that the next tragic accident where someone is tending to a baby, eating a sandwich, or responding to the spill of hot coffee while driving could very well be facing a similar charge and a similar outcome.