Guilty Verdict For Nail Polish Driver

By Marcus Gilmer in News on May 7, 2010 2:20PM

Lora Hunt, the woman who ran into and killed motorcyclist Anita Zaffke in a traffic accident last May, was found guilty of reckless homicide yeserday. Prosecutors contended that Hunt was distracted at the time of the accident because she was painting her nails while driving. The jury took 3.5 hours to convict Hunt.

Hunt's attorney, Jeff Tomczak, said during his closing argument that the stiff charges were because Hunt is a woman: "I do believe it is the underlying act of painting the nails that was the impetus for the charge. I haven't seen a reckless homicide charge for dialing a cell phone." Hunt had testified earlier in the trial that she was sprucing up for dinner with her daughter: "At that point I thought, well, they already got this dirty, stinky woman coming over, and I messed up my fingers gardening with the kids, and I remembered I had the polish in my purse. I thought, 'I can do it quick and I can do it with both hands on the wheel and I can stay on the road.' So I got the polish out." Hunt insisted she had only applied a few strokes before stopping and was looking at the yellow traffic light when she rear-ended Zaffke, though she claimed she didn't see Zaffke. But police say the amount of polish streaked across the inside of Hunt's car contradicted her claim and the force of the accident was enough that, "Zaffke and her motorcycle were pushed forward a few hundred feet by the force of the crash."

Hunt was originally charged with failure to reduce speed to avoid an accident, but those charges were later dropped in favor of the more serious charges but only after dealing with the state's vague wording of distracted driving. Before the trial began, both sides argued over the meaning of the term "distracted" and if Hunt's actions necessitated the "reckless" charge.

Under state law, reckless actions are those undertaken willfully with the knowledge that they present a danger to others.

A person can be distracted in many different ways while driving a car in this state and still not be guilty of a crime.

[Lake County Circuit Judge Fred] Foreman said he would ask the jurors if they were aware of the term "distracted driving" but would not inquire if they believed it was illegal.

Since the accident, the state of Illinois has passed a pair of distracted driving laws but those pertain specifically to using cell phones for talking, texting, or browsing the internet. Hunt could face up to five years in prison but could receive a sentence as lenient as probation. She faces a status hearing in June before any sentencing will take place. For their part, the Zaffke family is doing no celebrating. Her son Gregory said after the verdict, "There are no winners today. There is no celebration, or happiness. Even with the maximum sentence imposed, Lora Hunt's family will still have plenty of time to spend with her," he said. "I will never see or talk to her again, never get a hug. I will likely spend more time of my life without my mother than I did with her."