HONOLULU (HawaiiNewsNow) - The Department of the Prosecuting Attorney announced Friday that former University of Hawaii quarterback Colt Brennan will not be charged with drug possession following a police stop last month in Kailua.
According to Prosecuting Attorney Keith Kaneshiro, the decision was based on a recent Hawaii Supreme Court opinion and other similar court rulings regarding constructive possession and the intent to possess.
On July 26, a plastic packet containing cocaine residue was discovered in Brennan's rental car after a police officer pulled him over for speeding.
Brennan's blood alcohol level content was more than double the legal limit at 0.17. He was then arrested for operating a vehicle while under the influence of an intoxicant.
The Heisman Trophy finalist initially faced a charge of promotion of a dangerous drug in the third degree. However, in State v. Foster, the Hawaii Supreme Court held that "Mere proximity and power to exercise control over contraband are insufficient to sustain a conviction for possession absent evidence of intent."
Based on that ruling, the state could not prove beyond a reasonable doubt that the plastic packet belonged to Brennan.
The Department of the Prosecuting Attorney says the 29 year old will still be charged with OVUII.
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