The attorney for former Chariho School Committee Member, Terri Serra, has asked a judge to drop her case, citing Rhode Island's social host law as unconstitutional. Serra was charged last year with violating the law when she allegedly allowed students to drink at her home.
Serra's attorney, Bob Mann, says the law is vague and it fails to address issues such as consent to search minors and their belongings.
State Attorney General Peter Kilmartin's office has until the end of October to file its arguments.
The prosecution has argued that Serra knew the teens were drinking on her property, and did not thing to stop them. Four teens who left her house on that night of October 22, 2011 got into a serious car accident. The prosecution also says Serra stopped at the scene of the accident and did not call 9-1-1 or offer her help.