Teen pleads not guilty in distracted driving case

A 17-year-old Winthrop Harbor girl, described by her attorney as an athlete, musician and "good girl," faces the tragic consequences of texting and driving, Lake County prosecutors said.

Justine Kerscher pleaded not guilty in Lake County court Thursday to one count of aggravated use of an electronic device that resulted in death.

Prosecutors said Kerscher was sending a text message Aug. 21 when she swerved the minivan she was driving and struck Mark Baker, 45, of Waukegan while he rode a bicycle at Beach Road and Pine Street. He died from his injuries Sept. 14.

Kerscher, who was charged as an adult, is free on a $25,000 signature bond. Drugs and alcohol played no part in the crash, authorities said.

Defense attorney Alan Blumenthal said his investigation shows Kerscher "was not sending a text," and that there may be a factual dispute in the case.

"From all accounts, the defendant is a good person that is accused of making a very poor decision," Lake County State's Attorney Michael Nerheim said Friday. "We have been working with the victim's family and the defendant's attorney to obtain as much information as possible so that we could make an informed charging decision."

Aggravated use of an electronic device resulting in death is a felony punishable by one to three years in prison. She could also be sentenced to probation.

Nerheim said the victim's family supports the charge instead of a more serious reckless homicide charge.

Blumenthal said Kerscher is a "17-year-old girl who has never been in trouble in her life."

"This is a good girl who is active in church, a three-year varsity athlete in school and an all-state leader in band," he said. "She really is just a good girl involved in a tragic accident."

Local, state and federal authorities have been working overtime in recent years to reduce the number of people killed by distracted drivers. Many have occurred while drivers were talking on cellphones or texting.

As of Jan. 1, 2014, Illinois law banned the use of all hand-held devices while driving in Illinois, and drivers are prohibited from texting.

Nationwide, the number of people killed in distraction-affected crashes fell slightly from 3,360 in 2011 to 3,328 in 2012, according to distraction.gov, the U.S. Government website on distracted driving.

An estimated 421,000 people were injured in motor vehicle crashes in 2012 involving a distracted driver, a 9 percent increase from the estimated 387,000 people injured in 2011.

The website said 10 percent of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.

A quarter of teens respond to a text message once or more every time they drive, the website claims, and 20 percent of teens and 10 percent of parents admit they have extended, multi-message text conversations while driving.

U.S. Transportation Secretary Ray LaHood has launched "Faces of Distracted Driving", an online web series exploring the tragic consequences of texting and cellphone use while driving.

"This is a tragic example of the potential result of distracted driving," Nerheim said. "Aside from the legal consequences, this case involves the senseless loss of a human life and that is something that this young woman will carry with for the remainder of her life.

Kerscher is due in court Feb. 25.