The actor, who plays Mr. Eko on the ABC series, was charged with driving without a license and disobeying a police officer after being pulled over in the wee hours of Sept. 2. In a hearing Tuesday, which Akinnuoye-Agbaje did not attend, his lawyer was able to show that Akinnuoye-Agbaje had a valid California license at the time of his arrest.
The disobeying-an-officer count was dropped, a Honolulu prosecutor's office spokesman tells the Star-Bulletin newspaper, because it couldn't be proven beyond a reasonable doubt.
Akinnuoye-Agbaje was the third member of the "Lost" cast to be arrested in Hawaii. Late last year, Michelle Rodriguez and Cynthia Watros were charged with DUI in separate incidents that occurred on the same night. Rodriguez, who was already on probation in California for another DUI conviction, served five days in jail and paid a fine. She also served a day in jail in Los Angeles for a probation violation.
Watros was fined, had her driver's license suspended and was ordered to an alcohol counseling program. Both actresses were let go from the show at the end of last season.
"Lost" begins its third season on ABC Wednesday, Oct. 4.