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Double Jeopardy! David Cassidy Claims He Can’t Be Prosecuted For Hit & Run

David Cassidy Lawsuit Double Jeopardy
Source: Getty Images

Jan. 25 2016, Updated 1:49 p.m. ET

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David Cassidy is fighting criminal charges  filed against him in a hit and run case with the claim it is a case of double jeopardy, according to the court documents exclusively obtained by RadarOnline.com.

The 65-year-old actor was charged on September 29, 2015 with one count of fleeing the scene of an accident by the State Attorney in Broward County, Florida.

The charge is a misdemeanor of the second degree, and he faces up to 60 days in jail, six months probation, and a $500 fine.

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According to documents obtained by Radar, on September 9, 2015 Cassidy was driving  a 2014 Silver Kia Sportage on Interstate 595 in Florida when he allegedly failed to stay in his lane which led him to crash into an unidentified car driven by a man named Pedro Vargas.

Read Cassidy’s court documents here

The report states that when the police arrived, Vargas was on the side of the roadway and paramedics were treating him. He was eventually transported to a medical facility via EMS to check out his injuries.

According to a witness at the scene, Cassidy was speeding while driving in and out of traffic, which caused him to collide into the left side of the other car. The witness added that following the crash, the actor got out of his car and attempted to cover his car's tag number and then proceeded to flee the scene with a flat tire and damage to the right side of his Kia.

Police located the vehicle at the Cleveland Clinic in Weston, FL, not too far from the accident. They were also informed Cassidy was on the fourth floor of the building. Cassidy told them he had given his registration and other information to the other driver. However, he claimed he departed the scene to attend an already schedule hospital visit unrelated to the crash. The actor was not tested for drugs or alcohol by the police.

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The police cited Cassidy for improper lane change, unknowingly operating vehicle while having a suspended driver’s license due to a previous DUI conviction, operating a vehicle with an expired registration and leaving the scene of a crash --- where the damages were more than $50 --- without giving his information.

Then on October 5, 2015 things got worse for the Partridge Family star when the State's Attorney added a charge of driving on a suspended license to the misdemeanor charge of fleeing the scene of the crime. The new charge is a misdemeanor and also carries a maximum sentence of 60 days in jail and a fine of $500.

Cassidy entered a plea of not guilty to all charges denying he left the scene of the crime.

On January 18, 2016, according to the documents, the actor filed a motion to dismiss based on double jeopardy. He explains he was originally charged by the State with the charge of driving on a suspended license without knowledge.

Cassidy claims he paid the fine for the charge and it was accepted by the court. As a result the charge was disposed and a disposition was entered.

However, two days later the State Attorney filed an amended complaint which revised the charge to driving on a suspended license with knowledge. Cassidy states that since he already handled the original charge that a double jeopardy took place with the revised complaint. The actor is demanding the judge thrown out the charge due to the loophole but the State's Attorney claimed that since he was never “convicted of a crime,” for which he paid the fine, double jeopardy does not apply.

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