That was, until Eyewitness News started asking questions.
A judge found no probable cause in Preston Cody Talbot's case Thursday, which meant prosecutors might have dropped the case.
After ABC13 reached out for comment, Constable Mark Herman said his office is working with the Harris County District Attorney's Office to continue prosecuting the case.
He thanked Kim Ogg's team for agreeing to review the circumstances. Court records now show the case is scheduled to be back before a judge on May 3.
The 27-year-old was arrested last week on a Class B misdemeanor charge for having the flipper after racking up $5,473.07 in unpaid tolls.
RELATED: Driver arrested for using device to hide license plate and racking up $5,000 in tolls
At the time of the arrest, Harris County Precinct 4 Constable's Office told ABC13 Eyewitness News it had been searching for Talbot for at least three months.
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Authorities say Talbot used a license plate flipper to conceal his plate number while he drove through tolls in Harris County.
During Thursday's court, Talbot's attorney argued that he should have been given a Class C ticket, which is equivalent to a speeding ticket.
The judge in Talbot's case agreed to the attorney's argument.
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Constable Herman told Eyewitness News last week it's uncommon to see people using license plate devices to avoid tolls.
ABC13 reached out to the district attorney's office about the case and it responded that the case remains under investigation as it develops additional evidence.
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