The lawyer for the Illinois teen girl who ran over and killed a 5-year-old girl and was accused of driving under the influence of inhalants asked the judge to dismiss the charges Wednesday, claiming the substance she inhaled was not intoxicating.
Carly Rousso, 19, has been charged with reckless homicide and four counts of aggravated driving under the influence of an intoxicating compound after she allegedly ran over and killed Jaclyn Santos in downtown Highland Park, Illinois on Labor Day 2012.
Rousso allegedly huffed fumes containing difluoroethane before losing control of her car and driving over multiple lanes onto a sidewalk, where she hit a woman and her three children.
According to Chicago Tribune, a can of the product was found in her car after the accident and was found in her blood after lab tests were done.
Her defense lawyer, Douglas Zeit, is now challenging the constitutionality of the charges against the teen because he says the product may not be intoxicating. Zeit must notify the state attorney general since he is questioning the constitutionality of a state law.
Highland Park News reports that Rousso has pleaded not guilty to the charges and is currently out of jail on $500,000 bond.
A status date is set for Sept. 27, and the trial is scheduled to start Nov. 1.