Barry John Moore, of Spring Street, was given bail at Orange Local Court on Monday, charged with dangerous driving occasioning death, negligent driving and using a vehicle with defective brakes.

Emergency services were called to Millthorpe Road just before 7pm on March 8 after reports a Ford Falcon had veered off the roadway into a table drain.

The 33-year-old male passenger was taken to hospital in a critical condition and died on Friday.

On Sunday, Moore was arrested at Orange police station by the Metropolitan Crash Investigation Unit.

Solicitor for the Director of Public Prosecutions (DPP) Kathleen O'Keeffe opposed bail, concerned Moore might fail to appear for future court dates.

“He was aware three weeks prior about the state of his brakes, yet he committed to a 554-kilometre journey,” she said.

She said Moore was also believed to have been under the influence of drugs at the time, but the DPP was awaiting toxicology results to determine the extent.

Solicitor Andrew Rolfe said pointed out Moore had turned himself in to police. 

“He’s has the same address since he was 13 years old – he has ties to this community,” he said. 

Magistrate Jacqueline Trad granted bail on that basis, also noting there was a strong prosecution case and admissions had been made.