A Howlong man facing trial over a crash that killed a motorcyclist has failed in his bid to return to the road.
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Phillip Ross Franks wanted his licence restored, his lawyer arguing that should he be found not guilty at trial his ongoing suspension period would far exceed that for high-range drink-driving.
But Albury Local Court magistrate Rodney Brender has ultimately rejected the submission.
While acknowledging that Franks was, as defence solicitor Mark Cronin argued, innocent until proven guilty, he refused the accused's appeal against his licence suspension notice.
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Franks, 65, is facing three charges in relation to the fatal crash outside his home on July 19, 2018, about 8.30pm.
The court heard previously that Franks was pulling into the driveway when his Nissan Navara was struck by Billy Bolton's unregistered motorbike, killing the 23-year-old.
Mr Cronin said Franks had held a driver's licence for 49 years, yet had a "minimal" traffic record.
"He is innocent until proven guilty of the aggravated driving charge. He may be acquitted of it."
Mr Cronin said the disqualification period for high-range drink-driving alone was between of six to nine months. But Franks had spent seven months off the road since his licence was suspended on December 31.
By the time a trial proceeded, that suspension might be "until the middle of next year".
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Mr Cronin said Franks might be found not guilty of the driving matters as a jury could determine that it was the motorcycle rider who in fact caused the crash.
He noted that Mr Bolton had a blood alcohol reading of 0.225, his headlights were off and he didn't have a helmet, so the Crown case "has significant difficulties in terms of causation".
Franks had a blood alcohol reading of 0.160.
In refusing the application, Mr Brender also adjourned Frank's charges of high-range PCA, negligent driving occasioning death and dangerous driving occasioning death while under the influence to September 17.
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