The 65-year-old man was pulling into his driveway on Lowe Street about 8.30pm on July 19 last year.

His white Nissan Navara was struck by Billy Bolton, 23, who had been riding an unregistered motorbike with his friend Harley Turner.

Mr Bolton was killed instantly.

The late man had been riding in the dark with no helmet and no lights.

A distressed Turner assaulted the 65-year-old and took his vehicle, drove it away, and returned to the scene to continue the violent attack.

Police on Thursday confirmed the driver had recently been issued a field court attendance notice for high-range drink driving, which includes blood alcohol readings of 0.15 and above.

He is also facing one count of negligent driving occasioning death.

He is due to appear before Albury Local Court on April 1.

The court had previously heard the 65-year-old was not at fault in the crash, but was under investigation.

Turner had shouted “you killed my mate, you killed my mate” after the crash, and the driver’s partner witnessed the attack on him.

“The defendant engaged in an unprovoked assault on a 65-year-old,” magistrate Imad Abdul-Karim said when sentencing Turner to community work last September.

The Nissan Navara, and the two bikes linked to the crash, had been towed from the scene and stored. 

The site of the crash has continued to be controversial.

Flowers and various items placed in tribute to the late motorbike rider had been stolen from the site.

Other items were then put in place at the crash scene. 

The issue caused Federation Council to implement a roadside memorial policy for future installations in the region. 

Under the policy, the tribute to Mr Bolton had to be removed by Friday.

The changes will not permit any new memorials to be installed in urban areas, including parks, gardens and reserves across the shire. 

People looking to place roadside tributes now have to apply to the council to do so. 

The council will permit small crosses to be installed and flowers left at the site, but larger items and tributes that pose a danger to wildlife are banned. 

The memorials will only be allowed at the sites for six months. 

The 65-year-old is yet to appear before court. 

The field court attendance notice had been issued on New Year's Eve.