Kansas City, Mo ? A woman who allegedly took illegal drugs before giving birth on the side of Interstate 35 in Kansas this summer will not stand trial for child endangerment.

A Johnson County District judge dismissed the charge Tuesday against Linny Jolene Robinson of Kansas City, Kan., citing Kansas law that prevents criminal charges against someone accused of harming a fetus.

Judge Peter Ruddick, though, denied a defense attorney’s request to drop a charge of causing a child to become a child in need of care.

Robinson, 34, gave birth Aug. 8 in a pickup truck on the side of the interstate in Merriam. Police later took custody of the baby after a test found illegal drugs in the girl’s system. Robinson was charged with endangerment.

Defense attorney Kevin Harris argued Tuesday that when Robinson allegedly took the drugs, her baby was not born. Under Kansas law, a fetus cannot be considered a crime victim, Harris said, so no crime was committed.

Robinson has eight other children in state custody, and at least one had been exposed to drugs before birth, assistant district attorney Scott Toth said.