A South Australian District Court judge has described the crash that killed a pedestrian in the Adelaide Hills as a "crime" rather than an accident, given the driver's gross level of intoxication.
Lisa Maria Trewren, 39, will be sentenced next month for dangerous driving and causing the death of 31-year-old David Hoy – also known as Amy – on Mount Barker Road, at Totness, near Hahndorf, in December last year.
He was picking up cans and bottles from the side of the road before he was hit.
On Monday, Mr Hoy's sister, Jessica Hoy, told the court her brother was taken from her "in a senseless way" not long after her 25th birthday.
"This one of the hardest things I've had to go through," she said.
"David's life mattered.
She said her brother was trying to "make ends meet" by collecting bottles and cans and would even pick up rubbish to keep the streets clean.
Ms Hoy read a victim impact statement on behalf of her mother, Yvette, who said no mother should have to lose a son at the hands of a drink driver.
Driver drinking, vomiting before crash
Trewren had a blood alcohol concentration of 0.162 — more than three times the legal limit — and had vomited before hitting Mr Hoy.
The court was told that Trewren had about a dozen full strength beers before striking Mr Hoy and was continuously drinking stubbies while behind the wheel.
"She was weaving all over the place, hit the barrier on the side of the road, and then hit Mr Hoy on the side of the road," Judge Paul Muscat said.
The court was told a man urged Trewren not to drive after she got into the driver's seat and a passenger made the same pleas throughout her erratic driving.
Judge Muscat said it was her passenger who called emergency services after she hit Mr Hoy and pleaded with her not to leave the scene of the accident.
Trewren's lawyer, Emma Shaw, told the court that her client had written a letter of apology to Mr Hoy's family, which they were yet to accept.
"She is devastated by the impact of her offending," Ms Shaw told the court.
"She is remorseful. She is sorry. It is a hollow word in some respect, but she is sorry for what she has done."
Ms Shaw said Trewren made "very poor choices" when she would drink alcohol and had vowed to never drink again.
She asked Judge Muscat to be "as lenient as possible" during sentencing.
However, Judge Muscat said: "It's difficult to extend leniency with the offending as serious as it is with two aggravating features — she was disqualified for a drink driving offence … and was drink driving."
He described her driving as "appalling" and it was fortunate she did not kill her passenger.
