Judge dismisses motion in chemical endangerment trial - WAFF-TV: News, Weather and Sports for Huntsville, AL

Judge dismisses motion in chemical endangerment trial

GUNTERSVILLE, AL (WAFF) -

Monday, a Marshall County Judge dismissed a motion filed by Whitney Leigh Holsonback's attorney. In the motion, the attorney asked the judge to dismiss the charges against his client due to the vagueness of the law concerning chemical endangerment of a child.

Holsonback, 24, was charged with chemical endangerment of a child in August of 2010. Medical professionals said both Holsonback and her child tested positive for meth at birth.

The motion filed today stated that the law did not make clear what constituted a child. While the judge believed it to be a good argument, the motion was dismissed.

However, a new law, HB8, by State Representative Wes Long would amend the law to clarify what the term "child" means. 

[House Bill 8 (PDF)]

The District 27 Representative says in the law, the term "child" includes an unborn child; to establish venue; and to create a rebuttal presumption of exposing a child in utero to a controlled substance if both the mother and the child test positive for the same controlled substance not prescribed by a physician.

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