John G. Elder, who was in the Navy at the time, was acquitted by Circuit Judge Karl Sakamoto following a non-jury trial.

Elder was charged with driving drunk when he drove off the end of the road that his defense said was a "death trap."

His passenger, Navy man Nicholas Lopez, 20, of Kapolei, suffered fatal injuries from the June 21, 2003 crash.

The judge found Elder not guilty of first-degree negligent homicide that involves drunken driving as well as lesser offenses of second-degree negligent homicide and third-degree negligent homicide.

The prosecution had contended that Elder was driving under the influence of alcohol and speeding at 78 miles an hour, but Elder's lawyer Arthur Ross said his client only had two or three beers and was driving at 45 miles an hour.

The end of the road was also the scene of a crash on July 25 this year that left two teenagers dead. Concrete barriers were installed there after that July crash.