Updated

Prosecutors in New York say that even if Kerry Kennedy accidentally drugged herself with a sleeping pill, she broke the law if she kept driving after feeling the pill's effects.

The daughter of the late Sen. Robert F. Kennedy was charged with drugged driving in 2012 after her car hit a tractor trailer in the New York suburbs. She says she accidentally took a sleeping pill instead of thyroid medication, and asks that the case be dismissed. She says prosecutors acknowledge they can't say she took the pill intentionally.

In response, the Westchester County district attorney's office said that the case should go to trial because even if prosecutors can't say Kennedy took the pill intentionally, she should have stopped driving once she realized she was impaired.