PJ, a 38-year-old custodian, was charged with Leaving the Scene of an Accident. The reason he was charged was because his car was involved in a fender-bender with a Taxi Cab. The cab driver reported the accident and told the police that the car that "fled" had a specific license plate number. That license plate number corresponded to a vehicle that was owned by PJ. Rather than interview PJ, the police decided to simply charge him with the crime.

Henry filed a motion to dismiss based on insufficient evidence to charge PJ. In the District Court, the motion is known as a "DiBennadetto" motion.

The judge allowed the motion and the case was Dismissed