KITTERY – A New Hampshire woman accused of trying to drown her children is trying to get two attempted murder charges thrown out.

Traci Brennan, 38, of Wolfeboro was charged with attempted murder and child endangerment after police said she drove to a Kittery bridge on Sept. 12, 2001, and tried to drown her son and daughter in the Piscataqua River.

In a motion filed in York County Superior Court, one of her lawyers asked the court to dismiss the two attempted murder charges.

Lawyer Thomas Van Houten argues that attempted murder requires an intent to commit murder and an “overt act” that constitutes a “substantial step toward the completion” of the crime.

“There is nothing about driving the children to a river which … sets in motion a chain of events, the natural consequence of which would be to lead to their murder,” he wrote. “No substantial step toward the commission of the crime has been alleged, nor could it have been, as none has been committed.”

The indictment against Brennan initially included a count of aggravated attempted murder, but that charge was dismissed at the request of District Attorney Michael Cantara.

In his letter to the court, Cantara noted the incident occurred about 10 days before the Legislature enacted a provision that would have allowed her to be charged with aggravated attempted murder.

When Brennan was arrested on the charges in July, police released few details of their investigation.

Maine State Police Sgt. Matthew Stewart confirmed that the investigation began when one of the children told New Hampshire authorities in the spring.