Bob Schmill's son Matt died after a hit-and-run, and Schmill says Matt's death deserved more than misdemeanor justice. That's why he pushed passage of "Matt's Law."

"Matt's Law" makes it a felony to leave the scene of an accident that causes death or injury, but now there could be a legal challenge arguing that the law goes too far.

In September alone, Omaha Police made 31 felony hit-and-run arrests even though some victims suffered only minor bruising.

"We can't decide this person is not hurt badly and this person is hurt badly in our opinion," said accident investigator Sgt. Mark Desler. "If there's an injury or complaint of pain, we're forced to make it a felony."

Schmill, who worked with Project Extra Mile on the law, says it was aimed at drivers who run from crashes involving serious injury, but lesser injuries should not jeopardize prosecution.

"I still think it should be right up front in your face. It's a felony," Schmill said, "then in the courts, it's decided what is fair."

A Douglas County public defender does plan to ask a judge to throw out the felony charge against his client. The victim in the accident was taken to the hospital with neck pain, but later released.

But until the seriousness of a victim's injury is defined by law, Omaha Police warn drivers that any hit-and-run that causes injury will be treated as a felony.