ARMONK, N.Y. — A town judge in New York is deciding whether the drugged-driving case against Kerry Kennedy should go to trial.

The North Castle judge is expected to rule Tuesday on Kennedy’s motion to dismiss the charge.

Kennedy is the daughter of the late Sen. Robert F. Kennedy and the ex-wife of Gov. Andrew Cuomo. She was arrested in July after her Lexus swerved into a tractor-trailer near her home north of New York City.

Police said she failed sobriety tests.

A small amount of a sleeping drug was found in Kennedy’s blood. She said she believes she accidentally took a sleeping pill that morning instead of thyroid medication.

The defense says fairness demands a dismissal. But prosecutors say dropping the charge would feed the perception that famous people are treated differently.