(CNN) — Charges have been dropped against a mother who let her 3-year-old pee in a gas station parking lot.
The case was dismissed Thursday, with the state’s representative saying in court that the law didn’t fit in this situation.
“The mom was trying to be a good mom,” lawyer Ben Allen said on behalf of the state. “The child had an emergency come up, and Mom took care of the emergency. That’s what we expect of all good moms.”
Brooke Johns was facing up to 60 days in jail and a $5,000 fine.
The incident occurred March 29, when Johns — then nine months pregnant — was driving in Augusta. Her son told her he was about to pee his pants, but by the time Johns pulled into a gas station parking lot, she realized they wouldn’t make it to the toilet.
“He was peeing before his pants were even all the way down, so obviously he had to go,” she said in April.
A Richmond County Sheriff’s deputy saw the incident and gave Johns a citation for disorderly conduct.
“She allowed her male child to urinate in the parking lot. I observed the male’s genitals and the urination,” the officer wrote on a copy of the ticket that was obtained by CNN affiliate WRDW. “Public restrooms are offered at the location.”
Johns noted at the time that “accidents happen. And [the officer] was like, ‘Take him in the bathroom.’ What if I would have ran in the bathroom and someone had been in there? What was I going to let him do? Pee on the floor of the gas station?”
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