Police are investigating after a man fell out of a ute and died yesterday, Mungo Brush Road, Mungo Brush near Hawks Nest.

About 11pm on Saturday 15 October 2016, a Holden ute was driving along Mungo Brush Road carrying timber in the tray.

Police have been told while the ute was driving, a 20-year-old man who was the passenger, got into the tray to hold the timber.

After a period of time, the driver became concerned as he had not heard from the man so he stopped the ute but the passenger was gone.

The passenger was found by a passerby on the roadside with severe head injuries. The passersby attempted CPR however, the man died at the scene.

Police from Newcastle Crash Investigation Unit with the assistance of Port Stephens Local Area Command commenced an investigation into the circumstances surrounding the incident.

The driver, a 29-year-old man was taken to hospital for mandatory blood and urine test.

The driver of the ute has been charged with dangerous driving occasioning death- driving under the influence, driving in a dangerous manner occasioning death, negligent driving causing death and mid range PCA.

The man’s licence was suspended and he was given conditional bail to appear before Raymond Terrace Local Court on Monday 7 November 2016.