SACRAMENTO - The California Highway Patrol on Monday recommended reckless driving charges against a state senator who took an erratic 30-mile drive down Interstate 80 before slamming her state-owned vehicle into the back of another car last month.
The CHP also has asked the state Department of Motor Vehicles to reevaluate Sen. Carole Migden's fitness to drive, CHP Sgt. Les Bishop said.
Investigators determined the San Francisco Democrat was at fault in two separate crashes in her 2007 Toyota Highlander Hybrid sport utility vehicle on May 18. After the incidents became public, Migden revealed that she was diagnosed with leukemia in 1997 and said medication she still takes daily may have been to blame.
In the first crash, the San Francisco Democrat made an "unsafe turning movement" and struck the guard rail along Interstate 80 in Vallejo, Bishop said. In the second, she was traveling at an unsafe speed when she struck two other vehicles after exiting the freeway onto Highway 12 in Fairfield. She rear-ended a car carrying a woman and her 3-year-old daughter, who were taken to an emergency room for treatment, Bishop said. He declined to say how fast investigators believe Migden was driving.
"In both collisions, inattention due to distraction by cell phone use was found to be a contributing factor," Bishop said.
Last year, Migden voted for a law that requires drivers to use a headset or other handsfree device when talking on a cell phone while driving. The law takes effect in July 2008.
Solano County Chief Deputy District Attorney Kathryn Coffer said she received the report from the CHP Monday afternoon and needs to review the case before deciding whether to file charges against the senator.
"We still have to review the 911 calls, and there's some additional investigation that we want to do. Hopefully, that will be completed within a week to 10 days," Coffer said.
Reckless driving is a misdemeanor in most cases, unless the victims suffer great bodily injury or the driver has prior convictions for reckless driving, which prosecutors do not believe is the case with Migden, Coffer said.
The CHP received about a half dozen emergency calls from other motorists on the day of Migden's accident, some of whom said she nearly ran them off the road. Migden told the AP afterward that she could not recall the wild ride.
In a statement released Monday, Migden said, "I am very sorry about the accident which I caused. I am not driving. I am in the process of undergoing a medical evaluation, and I will in no way shirk my responsibility for what happened."
Bishop noted that investigators conducted field sobriety tests at the time of the crash and found no indication that Migden was under the influence of alcohol or drugs. But he said the agency has filed a request for driver reevaluation with the DMV.
"That's a tool that we have to make sure that we keep the roadways safe," he said. "Given the circumstances of these collisions, we felt that it was an appropriate action to request that the DMV reevaluate the senator's driving abilities."
The state is liable for any damages because Migden has said she was on state business at the time of her crash.
Posted in State-and-regional on Tuesday, June 5, 2007 12:00 am Updated: 10:19 pm.
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