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.

Search photos available for purchase: Photo Store →

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.