Drivers could get five years in prison if they leave the scene of an injury accident in Nebraska, thanks to the recently passed "Matt's Law," but now that law faces a legal challenge.

"Matt's Law" was passed thanks to an aggressive campaign by Bob Schmill, whose son Matt died after a hit-and-run. The driver who fled the scene was only convicted of a misdemeanor.

But a recent challenge to the law says the punishment is too severe in cases where victims are not seriously hurt.

The first person to be charged under the law is Roberto Garcia. Garcia faces five years in prison after hitting Sally Hagan and fleeing the scene.

"The gentleman got out of the car, comes along side the car and asks me if I was alright, and I said no," Hagan recalls. "He kind of looked around and said, 'I have to go.'"

Hagan felt tingling in her side. She was treated for pain and released from the hospital. But Nebraska's new law says any hit-and-run causing death or injury is a felony.

"The statute isn't vague," says prosecutor Matt Kuhse, "it's clear as to what the legislature intended is for people not to leave any accident."

But Garcia's attorney is asking a judge to throw out the felony charge against his client. Peder Bartling says the legislature failed to provide a definition of injury, and now even a cut lip could lead to a felony arrest. Bartling claims the law is so vague, people must guess at its meaning.

Bob Schmill says there is no reason to throw out the law.

"It's written to where if you leave the scene of an injury accident it's a felony," Schmill said.

A district court judge has given both sides of the Garcia case one week to submit written arguments. A decision about the vagueness of the term "injury" in "Matt's Law" could come by the end of October.