A Milwaukee woman was cited recently in Waukesha County Circuit Court for inattentive driving in a two-car accident near Interstate 94 east and West Bluemound Road in July that resulted in substantial injuries to a then-2-month old child.
Police were also investigating whether Cherish Love, 23, was using her phone moments before the crash, but progress on that investigation remains unclear.
According to an Aug. 5 search warrant affidavit, Love could stand accused of causing bodily harm by reckless driving if police determine distracted driving was a factor in the crash. However, online court records indicate no such charge has been filed against Love as of Tuesday morning, Aug. 16.
Love reportedly rammed her car into a cement barrier around 6:55 p.m. July 6 when approaching a left turn on Bluemound Road while driving along I-94 east. According to the Waukesha County Sheriff's Department, Love drove through the roadway and a grass ditch, up a hill, then into the barrier.
Her car did not directly collide with another vehicle, but debris from her car – created by the collision with the barrier – damaged a nearby vehicle traveling in the opposite direction, the affidavit said.
As a result of the crash, the affidavit noted Love's 2-month old nephew suffered a possibly broken or fractured arm and a brain hemorrhage. No one else was injured in the crash.
Love reportedly refused to allow police access to her phone and insisted she hadn't been using it while behind the wheel. In an exchange with police referenced in the affidavit, she said her 1-year-old son, who was sitting in the backseat, was watching a video on her phone just before the accident.
The search warrant seeks access to information on the woman's phone that might determine whether she was using it.
Love said moments before the crash she turned her head to look at her son and her nephew because they were crying and when she looked forward her car was "driving up the grass," according to affidavit.
The penalty for inattentive driving in Wisconsin is a $187.90 fine and four points (out of 12) against a driver's record.
Online court records indicate the citation was filed against Love on Aug. 11. She's scheduled to make her initial court appearance Sept. 21.