A video that emerged of Caitlyn Jenner‘s fatal car crash, which took place when she was still known as Bruce Jenner, proves that the reality star did NOT commit a felony.

On Feb. 7, Caitlyn hit her 69-year-old neighbor Kim Howe’s Lexus on the Pacific Coast Highway in Malibu, causing her to swerve into oncoming traffic. Kim died after a head on collision with a hummer.

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Kim Howe’s car following the crash

However, according to TMZ, despite the tragic results, Caitlyn’s only misdeed was being inattentive. “It’s what cops typically call ‘DWHUA’ … driving with head up a**,” says the website.

All the facts add up to the highest charge against her being misdemeanor vehicular manslaughter, given she wasn’t texting, talking on the phone or driving under the influence.

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TMZ also adds that these cases are often dismissed altogether when presented in court.

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Kendall and Caitlyn left the restaurant separately

Unsurprisingly given the news, Caitlyn herself seems to be in high spirits, and even made her first public appearance with daughter Kendall Jenner since her transition in June.

The pair were spotted out for lunch with Kendall’s BFF Hailey Baldwin at the Sugarfish sushi restaurant in Beverly Hills on Saturday, with daughter and dad both rocking stripes.

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