A recent article makes an important point about the charges brought against Jessica Warren for striking and killing Patrick Bettens while driving with a suspended or revoked license (Monitor Local & State, April 2). It reports that state law provides that driving after suspension and materially contributing to an accident are grounds for charging a driver with a Class B felony punishable by a maximum of seven years in prison and that a violation of the traffic laws can be considered as evidence against the defendant.
The city of Concord has not explained, other than offering a conclusory statement that it checked with the state police and others, why Warren was not charged with a felony. Warren collided with Bettens when her license had been suspended and she had already been found guilty of driving with a suspended license. The city charged her with following too closely, which by law is prima facie evidence that she materially contributed to the collision. In order not to be found guilty of a felony, Warren must prove she did not “materially contribute” to the collision. Given that she has been charged with following too closely, logically she can be charged and found guilty of a Class B felony.
The city needs to explain more clearly to the Bettens family, the public and those interested in safety on the road why she was not charged with a felony. It makes no sense. As pointed out by the Monitor reporter, if the prosecution can prove the violation of following too closely, the prosecution can also prove the felony and keep her off city roads.
LESLIE LUDTKE
Concord