Woman, 89, charged in accident that killed girl, 4

The misdemeanor is punishable by up to 2 1/2 years in jail.

By the time police issued their citation, the state had revoked Ilse Horn's driver's license.

And state Senator Brian A. Joyce spent much of yesterday renewing his efforts on legislation that would require drivers, beginning at the age of 85, to pass a comprehensive test every five years.

Horn, 89, has retained a lawyer and was not available for comment yesterday. She was deemed an "immediate threat" yesterday by the Registry of Motor Vehicles, which indefinitely revoked her license, according to a copy of her driving record provided by the agency. On Saturday morning, according to authorities, she hit Diya Patel with her car as the child crossed Washington Street with her grandfather.

The accident occurred at 11:39 a.m. Washington Street, also known as Route 138, cuts through the busy downtown business district.

Horn's driving record, available under state public records law, also shows that she has been found responsible for five car crashes since 1982. The most recent crash before Saturday was on June 9, 2001, in Newton. Horn also received a speeding ticket on April 26, 1995, in West Roxbury, according to the driving record.

The victim's grandfather, Govind Patel, briefly returned to the scene of the accident yesterday, and sobbed as he recounted how the car seemed to come out of nowhere.

"My granddaughter was right here, close by me, and then whoosh," said Patel, waving his left arm in a quick, circular motion past his leg. "She's dead, and I feel dead too," he said.

Horn has the right to appeal the citation in a hearing before a clerk magistrate of Stoughton District Court, or she can face arraignment on the charge in the coming weeks, according to David Traub, spokesman for Norfolk District Attorney William R. Keating.

Joyce said he filed his legislation more than four years ago and had testified at a legislative hearing two years ago that "I hope and pray it doesn't take a tragedy to get this passed," he recalled yesterday. "Currently, there is no testing, beyond the initial testing at 16 years, for cognitive skills and reaction time. The age of 85 is statistically significant, because studies show there is a precipitous drop in driving skills at that age."

Governor Deval Patrick yesterday told reporters that he would sign Joyce's bill if it makes it to his desk.

"I think the time is now for action," Patrick said. "I think that the question of what the age is is not that simple . . . but the fact is we need action on this, and it should not require the tragedy that we saw this weekend."