KEALAKEKUA — A plea agreement was reached with a man accused of drunk driving twice within 24 hours and striking a pedestrian eight months ago, resulting in the dismissal of most charges original brought against him.
On Tuesday, Nicholas Martin pleaded no contest to first-degree negligent injury, a Class C felony, and driving under the influence of alcohol. He made his plea before Kona Circuit Judge Melvin H. Fujino. Under the agreement, prosecutor’s will drop seven other offenses.
Among the charges dismissed was one count of second-degree assault, also a Class C felony, and several misdemeanors. The defense also requested a deferral of Martin’s plea on the negligent injury charge, which means if restitution is made for the felony, it would be dismissed with prejudice. He faces between a year and five years incarceration and a $10,000 fine.
The deferral only applies to the negligent injury charge.
A pre-sentence investigative report will be conducted before Fujino sentences Martin on Sept. 5.
The charges stem from a crash that occurred Dec. 1, 2017. According to the Hawaii Police Department, Martin was traveling north on Alii Drive when he veered off the road and struck a 51-year-old man in front of Royal Kahili Condos.
Martin was already facing a DUI charge before that crash occurred. On Nov. 30, 2017, Martin was arrested at 9 p.m. after striking a parked vehicle on Lako Street, said HPD Maj. Robert Wagner. He was charged with DUI and released just after midnight Dec. 1 after posting $500 bail.
Wagner said Martin appeared to still have a driver’s license when the auto-pedestrian crash occurred hours later. However, two different vehicles were involved in the crashes.
According to court records, Martin’s driver’s license was revoked Dec. 7, 2017, for one year in connection with the Nov. 30 crash. The case was consolidated with the Dec. 1 incident. According to Dec. 28 court records, no further action was taken on the November case.
Email Tiffany DeMasters at tdemasters@westhawaiitoday.com.
