Daniel Dunn, 30, had been drinking when he got behind the wheel of a ute to collect firewood on the day of the crash, the Ballarat Magistrates’ Court heard.

His friend, a 24-year-old Laverton man, was standing on the ute’s tray as they travelled down Dollys Creek Road, Elaine on November 24.

Crown prosecutor Raylene Maxwell told the court Dunn went to swerve to avoid a pothole when the victim, who was not holding onto anything, was flung from the ute into a tree.

The car was travelling approximately 40km/h, the court heard.

Dunn returned a blood alcohol level of 0.112. The victim, who had also been drinking, was taken to the Royal Melbourne Hospital with life-threatening injuries.

The victim, who has since recovered from his injuries, was in court supporting Dunn.

During an interview with police Dunn said he wished “he could take it back”.

“I knew it was dangerous, but I thought he would hold on,” he said.

Dunn’s lawyer, Daniel McGlone, made a summary jurisdiction application to have the matter downgraded from the County Court.

Ms Maxwell opposed the application based on the seriousness of the offence and need to deter other young men from drinking alcohol and getting behind the wheel.

“It’s the responsibility of the driver to ensure passengers are restrained,” she said.

Mr McGlone said his client’s clean history, low speed on the day, registered car and full licence meant the offending was without the hallmark features that were often associated with the charge of dangerous driving causing serious injury.

Given 66.6 per cent of the people imprisoned on the charge in higher courts were given sentences of two years or less, Mr McGlone argued the magistrates court had sufficient sentencing options to deal with the matter.

The application hearing will continue on April 7.