Steven Anthony McGregor committed for trial in Tamworth court over Deepwater crash that killed Patricia McGregor

But in a twist during the committal hearing, Magistrate Roger Prowse dismissed an aggravated dangerous driving charge against Steven Anthony McGregor, telling the court the evidence wasn’t presented to support the charge.

Instead, McGregor, 38, was committed for trial on a charge of dangerous driving occasioning death by driving under the influence.

Police allege he was under the influence of methylamphetamine when he ran off the New England Highway and crashed his car on September 2, last year, killing Patricia McGregor at Deepwater.

The 76-year-old was seated in the passenger seat of the Ford Falcon and died at the scene.

In Tamworth Local Court, Legal Aid solicitor Wendy McAuliffe tried unsuccessfully to have the case adjourned while she awaits a report from a specialist doctor who assessed McGregor.

But Mr Prowse refused the application and committed the case for trial, after McGregor declined to call any evidence or witnesses.

Mr Prowse examined the brief of evidence and said the wording of the charge that McGregor was “very substantially impaired” when he drove the Falcon wasn’t included in the report by expert, Dr Judith Pearl, a clinical forensic pharmacologist with NSW Police.

“Very substantially impaired … expert Pearl does not use very … unsurprisingly she says significant impairment of his driving ability,” he told the court.

The court heard a certificate revealed McGregor’s blood was analysed after the crash and found to have .15mg per litre of methylamphetamine.

As part of its case, the crown is relying on a specialist report to say the level of impairment McGregor was at to make out the charge.

Mr Prowse said the elements of the charge needed to be made out so that it could satisfy a properly instructed jury beyond reasonable doubt.

“The court is not of that opinion … because of the precise wording of the phrase,” he said.

“Dr Pearl doesn’t say that … that’s the only evidence the Crown has.

“Consequently he is discharged [on that count].”

Two other back-up charges will follow the trial proceedings. McGregor remains on bail while a trial date is found.