A DRIVER who claimed his friend grabbed the steering wheel when a kangaroo hopped across the road has been found guilty of causing the passenger's death.
Judge Paul Muscat said Jason Lee Jones had a probable blood alcohol concentration of 0.180 per cent at the time of the late-night crash at Kapunda, north of Adelaide.
He found the 33-year-old, from Elizabeth in Adelaide, guilty of aggravated dangerous driving causing the death of Bradley Brine on May 7, 2011.
In a South Australian District Court judgment published on Wednesday, Judge Muscat rejected evidence given by Jones at the judge-alone trial.
"I am satisfied beyond a reasonable doubt that Mr Jones was not avoiding a kangaroo as the explanation for why his vehicle was driving off the road and along the verge," he said.
"I find that Mr Jones has constructed an account to fit in with the tyre mark evidence to explain the manner of his driving.
"I do not accept as a reasonable possibility Mr Jones' evidence that Mr Brine nudged his hand and then took hold of the steering wheel."
The two mates were travelling home from another friend's place at Eudunda.
Jones testified that he drank seven stubbies of beer and a glass of scotch mixed with Coke or Pepsi over a period from 4pm to 11.25pm, saying he did not feel affected by the alcohol when he got back behind the wheel.
"Plainly, on any view, Mr Jones had a lot more alcohol to drink that day than he remembered when giving evidence," the judge said.
"The plain fact of the matter is that Mr Jones had a very high blood alcohol concentration, which would have impaired his ability to drive his vehicle."
He continued Jones' bail and adjourned sentencing submissions to December 5.
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