A DRINK-DRIVER killed his friend in a crash on the A1079 near Pocklington after the victim's sister asked him not to drive, a court heard.

Daniel Morgan laughed at Estelle Dunham when she tried to persuade him not to take her brother, Adam Dunham, for a spin in his Rover 216 Coup, and locked her in his house, Hull Crown Court was told yesterday.

They were going half-a-mile down the road to buy cigarettes from Shiptonthorpe Service Station at 2am.

The trio had been celebrating Mr Dunham's last night at home at the Feathers Pub, Pocklington. Mr Dunham, 21, had planned leaving the country for a year.

Morgan bought drinks in the Feathers, and during a meal in a restaurant before they all went to his home. He kept drinking in the house before deciding to take his car on the fatal road trip.

Morgan was on his way from his home at Main Street, Allerthorpe, near Pocklington, when he lost control of the Rover on the A1079 near Hayton.

It left the road and ploughed through 28 metres of hedge before returning to the road, landing on its roof in the dark.

Mr Dunham, of Keldspring Lane, Barmby Moor, was not wearing a seat belt and suffered fatal injuries. He was dead on arrival at York District Hospital on January 8 2002.

Morgan, 27, was jailed for three-and-a-half years after admitting causing the death of Mr Dunham by careless driving while over the drink drive limit.

Judge Peter Heppel QC told Morgan his crime was made worse because he was warned not to drive by Estelle Dunham and was probably twice over the limit.

He said the car was unroadworthy and the circumstances of the accident showed the amount Morgan had to drink made him lose control of the Rover.

The court heard the rear off-side tyre was not properly inflated. When police arrived at the scene Mr Morgan was being stretchered off into an ambulance and they noticed he had a smell of drink on him.

Prosecutor Andrew Dallas said officers breath-tested Morgan two hours after his crash and found him to be just under twice the legal drink drive limit.

"It is not a case where he planned to drive," said David Bradshaw, defending. "It was a spur of the moment decision. He wishes he could put back the clock."

Morgan was also disqualified from driving for five years, his licence was endorsed and he was ordered to take an extended driving test when he is finally allowed on the road again.

Updated: 11:03 Thursday, March 27, 2003