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lawyer for Afriyani Susanti, the driver accused of killing nine in a crash in Gambir, Central Jakarta, on Jan. 22, is demanding that the murder charge against his client be dropped.

Achmad Suyudi, one of Afriyani’s lawyers, told the Central Jakarta District Court that the murder charge imposed by the prosecutors was incorrect.

“As stipulated in article 338 of the Criminal Code, the charge is for those who intentionally killed someone. But Afriyani did not intentionally kill them, she did not even know them,” Achmad said. “We want prosecutors to drop the charge and all supporting articles.”

In addition, he said, the murder charge had contradicted the secondary indictment that accused her of reckless driving.

“Prosecutors said that she was driving under the influence during the accident, and unintentionally killed the pedestrians. So this is confusing,” he added.

A murder conviction carries a maximum punishment of 15 years’ imprisonment, while reckless driving that causes death carries only a six-year prison sentence and a Rp 12 million (US$1,305) fine.

During the hearing, Afriyani’s lawyers also said that there was another error in the indictment, claiming that the case number was incorrect.

“It reads that the case was registered in March 2011. The accident itself took place in January 2012. That’s very inaccurate,” Achmad said.

The defendant allegedly ran over 13 pedestrians, killing nine and injuring four of them, on JL. M. Ridwan Rais, in Gambir, Central Jakarta, on Jan. 22. She had been clubbing before she allegedly lost control of her vehicle.

The victims in the crash were Muhammad Akbar, 22 ; Firmansyah, 17; Buhari, 17; Wawan Hermawan, 25; Muhammad Huzaifah, 16; Nur Alfih Fitriasih, 18; Yusuf Sigit Prasetyo, two and a half years old; Nani Riyanti, 25; and Suyatmi, 50.

The indictment stated that Afriyani had been warned three times by her friend Ary Sendy Trisdiarto, a passenger in the car, that she should not have been driving and that she should have taken a taxi home.

Achmad said that the team objected to Ary’s statement as a witness, claiming that he was also intoxicated during the crash.

If found guilty, Afriyani will face a maximum of 15 years’ imprisonment.

Prosecutors said that Afriyani, along with three friends who were traveling with her in the car, was under the influence of alcohol and narcotics at the time of the crash.

All four have been charged under the 2009 Narcotics Law for drug abuse and could face up to four years’ imprisonment if found guilty.

Presiding judge Antonius Widyatono adjourned the hearing until next week for the prosecutors to respond to the defense’s arguments.

In a previous case, prosecutors charged a reckless driver with murder in 1994, when a Metromini bus driver caused the death of 33 people after his vehicle plunged into the polluted Sunter River in North Jakarta. He was convicted of murder and sentenced to 15 years imprisonment.