HOUSTON – Harris County prosecutors and an attorney representing a driver accused of using a license plate flipper have differing opinions about the status of the case after a hearing Thursday.

Preston Talbot was arrested and charged last week after he ran a toll booth on the North Sam Houston Parkway, authorities said. Investigators said it appeared Talbot was using the flipper to dodge tollway cameras.

After Thursday's hearing, Talbot's attorney, Cordt Akers, said the charge against his client is considered a Class C misdemeanor, which is not an arrestable offense, and that the case had been dropped.

"This is another example of the (Harris County District Attorney's Office) getting overzealous and charging this as a Class B, arresting him, putting him in jail, when all they were supposed to do is hand him a ticket and have him go on his way," Akers said.

"The judge found no probable cause for the case," Akers added. "It's gone."

However, prosecutors later said that the charge against Talbot is still pending, and that the case had not been dismissed. A spokesman for the DA's office said investigators are working to develop "additional evidence."

After Talbot's arrest, investigators said he owed $5,473.07 in tolls. Akers said he does not represent Talbot in that civil case, and could not elaborate on the allegation.

VIDEO: Defense attorney for 'license plate flipper' speaks after case dismissed

Editor's note: This story has been updated to reflect new information provided by the DA's office regarding the case.