A criminal charge against a Westerly woman who fatally struck a Warwick man riding his bicycle in Charlestown will be dropped next week, a spokesman for the Attorney General’s Office said yesterday.

Michael J. Healey, a spokesman for the department, said the decision to drop the charge was reached after a Nov. 8 conference with the victim’s family.

“We just have to go to court and file a (48A) dismissal,” Healey said.

Charlestown police also cited Pamela J. Hurst, 59, of 17 Danielle Ave., for operating in the breakdown lane, lane roadway violations, and “due care by driver,” said Charlestown Lt. Jack Shippee.

Asked yesterday for reaction to the decision to drop the charges, Shippee said curtly, “We haven’t been notified.”

Hurst had been originally charged by Charlestown police with driving to endanger/death resulting. Upon further investigation, the state dropped the criminal charge, finding that Hurst’s conduct was not criminal, Healey said.

The bicyclist, Frank J. Cabral, 41, of 90 Sheffield St., Warwick, was pronounced dead at the scene. The police at the time said that Cabral was staying at a cottage on Matunuck Beach Road and had decided to go for a ride.

Lori M. DiBiasio, identified in a Journal obituary as Cabral’s life partner, filed a civil lawsuit against Hurst in Washington County Superior Court on Oct. 11.

The suit is pending.

According to Charlestown Police and the Attorney General’s Office, Hurst was driving south on Route 1 on Sept. 4 at about 4 p.m., returning to her Westerly home, when the accident occurred.

Police said she was traveling at about 60 miles an hour. The posted speed limit in the area is 50 miles an hour.

According to an accident reconstructionist, Hurst changed lanes to pass two vehicles.

“As she was merging back into the right travel lane, she got distracted and continued right into the breakdown lane,” Healey said, quoting the accident reconstructionist. “At this point she is traveling 50 to 60 miles per hour. She is traveling in the breakdown lane for approximately 100 feet.”

That would equate to driving on the breakdown lane for about a second, Healey said, noting that at 60 miles an hour a car travels approximately 90 feet per second.

Hurst told police she flipped down her sunvisor as she came up the hill before Kings Factory Road. The accident reconstructionist found that glare could be a factor given the time of day and location of the accident.

Medical records — which Hurst’s lawyer, Bob Mann, voluntarily turned over — showed no evidence of alcohol or drugs in her system, Healey said.

“The only evidence of negligence against Ms. Hurst is that she was traveling at 60 miles per hour and driving in the breakdown lane (but for a period of time lasting just more than one second),” Healey said. “We found that this, clearly, could not be considered ‘reckless conduct’ under Rhode Island case law.”

Reckless conduct, he said, would have to demonstrate “a heedless indifference to (her) actions.’ ”