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Britney Spears' Driving-Without-a-License Case Dismissed

By Us MagazineOctober 21, 2008, 2:37 pm PDT

Britney Spears' driving-without-a-license charges have been dismissed following news that prosecutors decided not to request a retrial.

Earlier Tuesday, Los Angeles Superior Court Judge James A. Steele declared the case a mistrial.

After five votes and eight hours of deliberation, the jury of eight men and four women failed to agree on whether the singer, 26, was guilty of driving without a valid driver's license, a misdemeanor.

"There were a lot of deliberations," jury foreman, Gary Moy, told Usmagazine.com Tuesday. "I think a lot of people had their minds set from the beginning."

Moy told Us he and one other woman voted guilty.

"It's an 80 percent victory," said Spears' attorney, Michael Flanagan. He also said a misdemeanor trial "should have never happened" and that Spears was prosecuted "because she is a celebrity."

A prosecutor did not immediately indicate whether Spears would be retried.

The singer had been facing up to six months in jail and a $1,000 fine if convicted.

Before the jury began deliberations Friday, prosecutor Michael Amerian argued that Spears -- who did not appear or testify in court during the trial -- should be found guilty because she did not have a California driver's license when she hit a parked car in August 2007.

Amerian showed jurors Spears' DMV record, along with divorce papers, to prove the singer did not have a valid California license but was still a resident of California at the time of the hit-and-run.

Spears' defense called her father Jamie to testify that the singer considers Louisiana home. (She had a Louisiana license at the time of the accident; she has since gotten a California one).

See photos of Spears and her parents together.

Flanagan also argued that Spears should not be found guilty because the state's vehicle code provides an exemption for people who are living temporarily in the state.

He told jurors that she is only in California so she can have visitation with her two sons.

Check out adorable photo of Spears and her sons.

"Britney knows where she regards home," he told jurors. "She has told [her father]. She doesn't want to be here."

Added Flanagan, "She is a Louisiana girl - born there, lived here and going back there as soon as she gets things straightened out here."

To prove his case, he said Spears registered to vote in Louisiana and plans to build a second home in Louisiana.

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