BURLINGTON, Vt. (AP) — A judge has for the third time dismissed a charge against a former Burlington Uber driver accused of sexually assaulting an incapacitated woman last year.

The Burlington Free Press reports 24-year-old Omar Nassir is still charged with lewd and lascivious conduct stemming from allegations he exposed himself to a passenger in the February 2015 incident.

A judge on Tuesday dropped a sexual assault without consent charge after Nassir denied it in January and asked that it be dismissed. The charge was previously dismissed twice by judges and then reinstated after the state returned with additional information.

The judge says the victim's intoxicated state and lack of memory doesn't establish "substantial" evidence on which a jury could reasonably find the defendant guilty.

Nassir's lawyer says they're pleased with the decision.



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