Prosecutors dismissed a citation Tuesday against the operator of a motorboat involved in a fatal accident off Lanikai, pending further investigation, according to the defendant’s attorney.

After the session in Kaneohe District Court, defense attorney Howard Luke said he objected to the state dropping the charge because his client, 41-year-old Kailua resident Sai Hansen, was ready to accept responsibility by pleading guilty or no contest. A prosecutor’s office spokesman wasn’t available for comment, but state court records show that the prosecutor’s motion to dismiss the citation was granted.

On Jan. 9, Hansen was cited by a state Department of Land and Natural Resources officer after allegedly striking two free-divers with his 24-foot orange Zodiac motorboat about 600 yards off Lanikai. There was some uncertainty as to the offense because the citation, filed in court Feb. 4, lists operating a vessel without a license as the offense, but the section number of the administrative rule in the citation refers to a law about boating without the completion of a boating safety course.

Luke said Tuesday’s hearing was about operating a boat without a license. He said the offense is based on a law enacted in 2012 that many boaters are not aware of, especially because a website that provides boating information does not indicate such a requirement. He said his client has since applied for a license.

“My client was willing to step up to the plate as far as not having a license was concerned, but they just didn’t want to have that heard,” Luke said. “He’s very sorry that the accident occurred.”

Last week the DLNR handed over the investigation to city prosecutors, who are investigating.

The boating accident killed Sri Shim, 59, and badly injured his hanai son, Trey Albrecht, 25, both of whom were struck at about 12:15 p.m. Jan. 9.