A YOUNG man charged with dangerous driving occasioning death and negligent driving occasioning death after a crash that allegedly killed a three-year-old boy has faced court for the first time.
The 24-year-old has had his licence suspended since he was charged in May and made an appeal to return to the roads in Tamworth Local Court on Monday.
A licence was crucial to the man's employment, defence solicitor Wendy McAuliffe told the court, and urged Magistrate Julie Soars to find exceptional circumstances.
"With the organisation he works with his need for a licence is to assist vulnerable Indigenous people," she said.
"The accident occurred on December 16 and he was not charged until sometime later.
"I rely on both of those things to argue these are exceptional matters and he should be able to drive until those matters are decided by the courts."
Police allege the man's ute left the New England Highway at Moonbi where it struck a tree and boulder on December 16.
The child was in the backseat at the time and died at the scene, while the 24-year-old was taken to Tamworth hospital suffering minor injuries.
He is yet to enter a plea, but if found guilty, the offences he is charged with carry a licence disqualification penalty.
Given the man had been charged some time after the accident, Ms Soars granted the appeal against the licence suspension.
"It's a bit unusual isn't it?" she said.
"I allow the appeal and find exceptional circumstances, this man has driven successfully for some time prior to being charged.
"There is a very strong need for a licence bearing in mind the onus of proof to see the appropriate outcome."
The alleged incident was investigated by officers from the Crash Investigation Unit, who arrested the man on May 14 and took him to Tamworth Police Station.
The police prosecutor did not oppose the licence appeal. The case was adjourned until August.