Charges are moving forward in a fatal pedestrian crash that occurred more than two years ago in Franklin Township.

At a hearing on Monday, a district judge declined to throw out charges of DUI and involuntary manslaughter against Nicole Ann Iannone, 24, of Kunkletown.She is facing charges in the death of an 89-year-old woman which occurred Nov. 24, 2014. The woman was struck and killed around 6:30 p.m. while crossing a four-lane section of Route 209.Police say that Iannone had the right of way at the time of the incident, and that she may have been unable to see the victim.However, they allege that she was reckless because they believe that she was under the influence of marijuana.Agnes Spzak, 89, of Nesquehoning, died after she was struck while attempting to cross four lanes of Route 209, where she parked her car on the shoulder for unknown reasons. The crash occurred a few hundred yards from the Pennsylvania Turnpike interchange.Iannone stopped her vehicle at the scene of the crash and contacted police.Police smelled marijuana in the vehicle and saw a bag of marijuana in the top of Iannone's purse.Police said a blood test showed evidence of marijuana in her blood. She admitted to smoking pot earlier in the day.Chief Jason Doll of Franklin Township Police Department said it couldn't be ruled out that Iannone could be under the influence of marijuana at the time.A witness to the crash, Todd Greene, said that he slowed because he saw the woman standing on the median, ready to step out into the southbound lanes on which he was traveling.He said that as he slowed, Iannone's vehicle passed his and almost instantly struck the victim."I thought, 'man, I don't think she sees that woman,' " he said.State police did a forensic report on the crash, and determined that there was no evidence Iannone was speeding, or leaving her travel lane. Because there is no crosswalk or traffic signal at that location, her vehicle had the right of way.However, they could not rule out that the marijuana in her system played a role.Attorney Patrick Rapa argued that there is no way to prove that the amount of marijuana in her blood was enough to affect her."This is a tragic accident that occurred. No one ever wanted this to happen. Not every accident should result in the filing of criminal charges," he said.Judge William Kissner said that there was enough evidence for the charges to proceed to trial.