LIHU'E, Kaua'i — An attorney for a man accused of crashing his truck into a motorcycle on Kuhio Highway and then running over a fallen passenger said yesterday that she plans to seek dismissal of charges related to the collision because the defendant already pleaded guilty to driving while under the influence of drugs.

Byron Say, 36, of Hanalei, is charged with negligent injury, being responsible for an accident involving serious injury, promoting dangerous drugs and possessing drug paraphernalia. Police said he crashed into the back of a motorcycle carrying two people on June 25 near Hanalei. A woman riding on the back of the motorcycle fell to the road, and the truck ran over her and the bike. She suffered serious injuries but recovered.

Police said Say drove on, but his truck broke down because of damage from the impact with the motorcycle. He reportedly ran into taro fields along the highway before police caught him. Officers recovered a fanny pack containing heroin and narcotics paraphernalia.

Say earlier admitted to the DUI charge. During a hearing yesterday in Lihu'e District Court, his attorney, June Ikemoto, waived his right to a preliminary hearing on the other charges in the case.

Ikemoto told Judge Trudy Senda that she intends to seek dismissal of some of the charges on grounds that Say otherwise would be subjected to "double jeopardy."

Senda said issues raised by Ikemoto would be determined by a higher court. Say's arraignment is set for Sept. 20 in 5th Circuit Court.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.