The 19-year-old California girl police say was distracted by her cellphone when she drove into four teens Saturday morning, killing one, was charged with a misdemeanor because she was allegedly reaching for her phone at the time of the accident, reported.

Investigators say the driver, Mia Sara Aguiar, was distracted by her cellphone. However, highway patrol says Aguiar wasn’t actually using her phone when she lost control in the town of Manteca, which is outside Sacramento.

The station reported that under California law, an accident caused by either talking on your phone or texting with your phone can be a felony – but an accident caused by simply reaching for your phone is a misdemeanor, which would only result in up to a year in county jail.

She was reportedly charged with misdemeanor gross negligence.

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