Nicholas Batka (left) and his attorney Michael Farkas entered the courtroom on Wednesday for Batka's arraignment on aggravated vehicular homicide charges. View Full Caption DNAinfo/Gwynne Hogan

DOWNTOWN BROOKLYN — An off-duty police officer accused of killing a college student when he plowed into four pedestrians on a Williamsburg sidewalk while drunk was given back his driver's license despite facing trial.

Nicholas Batka, 28, who was arraigned in Brooklyn Supreme Court Wednesday on aggravated vehicular manslaughter and other related charges, was given full state privileges to drive by the DMV after his license was temporarily suspended following the July 16 crash, a judge heard.

“The license should have been suspended. That's just common sense,” said Judge William Miller, who re-suspended it.

"I have a right to suspend the license," the judge asserted when Batka's lawyer Michael Farkas questioned if Miller had the power to do so.

MIT student Andrew Esquivel was killed by an off-duty rookie NYPD officer Nicholas Batka, who was drunk at the time, prosecutors. View Full Caption Facebook

Batka's license was originally suspended after the crash, but at a July 26 DMV hearing the arresting NYPD officer didn't showed up and as a result Batka got his license back, Farkas said.

"I have no idea what happened here," said Assistant District Attorney Tim Gough, lead prosecutor in the case.

Batka, who prosecutors said had a blood alcohol content of .23, nearly three times the legal limit, two hours after the crash, is accused of driving onto the sidewalk in his gray Dodge Durango and running over four college students after a night of drinking with his fellow officers.

Andrew Equivel, 21, an MIT student living in New York City for the summer, died hours after the crash.

Three other victims — Sophia Tabchhouri, 20, Divya Menezes, 20, and James Balchunas, 24 — were severely injured in the crash. They suffered multiple fractures and severe trauma to their limbs, according to prosecutors.

"I wasn't driving. I'm not sure who was driving," Batka allegedly told Officer Danny Richards at the scene following the crash, according to a Voluntuary Disclosure Form released Wednesday. "I want to to speak with my PBA delegate."

Batka, a Greenpoint resident who was a probationary police officer on the Manhattan Transit Task force at the time of the incident, was fired from the police force and two his drinking buddies were stripped of their guns and badges after the crash.

The State Liquor Authority was also probing the bar Whiskey Brooklyn, Batka's last stop on the night of the fatal collision.

“It's outrageous that this defendant — a New York City police officer at the time — chose to get behind the wheel while drunk and caused a deadly and horrific car crash," said District Attorney Kenneth Thompson following Wednesday's arraignment.

"His poor decision took the life of a promising young man and left three others with injuries they’ll suffer from for life.

"We will now hold this defendant accountable for the immeasurable damages that he caused on the streets of Brooklyn that night.”

Batka faces up to 25 years in prison if convicted.

The state's Department of Motor Vehicles declined to comment on the specific case.

Batka is due back in court on Dec. 15.