LIHU’E — A man accused of causing an accident with serious injuries and fleeing the scene of that accident will not have to submit to drug or alcohol testing.
Byron Say will not undergo urinalysis procedures as requested by County Deputy Prosecutor Thomas Haia. That idea was shot down Tuesday by Judge Kathleen Watanabe.
In July, Say was prohibited from using drugs or alcohol as part of the terms and conditions of his release on bail.
Haia argued that there is no mechanism to verify that Say is abstaining from drugs and alcohol. He said that state law mandates Say undergo random urinalysis tests as part of his release.
Say’s attorney, June Ikemoto, said that her client did not violate the terms and conditions of his release. She also said that Say has made all court appearances.
Watanabe asked Ikemoto if there were any incidents. Ikemoto said no, and if any came up, she would be notified.
Watanabe denied Haia’s request.
Say was charged in connection with a June 25 accident near Hanalei that sent a woman to a hospital with multiple injuries.
Say allegedly rear-ended a motorcycle with his vehicle, and then ran over motorcycle passenger Lisa Wilson of Kalaheo.
He then allegedly fled into nearby taro fields off Kuhio Highway near the one-lane bridge over the Hanalei River.
Say was also charged with promoting a dangerous drug and possession of drug paraphernalia.
When he was arrested in June, Say told Kaua’i Police Department officers that he lives in Hanalei and in Kapa’a.
If convicted, Say could be behind bars for a maximum of 25 years.
- Cynthia Kaneshiro, staff writer, may be reached at 245-3681 (ext. 252) or firstname.lastname@example.org