Stockport Magistrates Court has heard how an accountant from Wilmslow was found drunk in her car in a lay-by at five times the legal drink driving limit, and then found again drunk at the wheel two weeks later – on the day of her court appearance for the first drink driving charge.
Police found Paulina Gancarz, 34, slumped behind the wheel of her car having consumed a bottle of wine. On the day of her court appearance for that offence, she had crashed that same car outside the Wilmslow branch of Marks & Spencer.
Prosecuting, Tina Cunnane told the court: “The defendant was sat in the driver seat of her vehicle when she was stopped by the police. They asked her to participate in a roadside breath test, which she complied with and blew a reading of 182mg in 100ml of breath. They asked her to come to the station to provide another specimen but she refused so she was charged with failing to provide a specimen.
“The next offence occurred shortly after crashing her car, it was apparent she had been drinking alcohol. Security staff were made aware and contacted the police. On that occasion, she blew a reading of 109mg in 100ml of breath.”
According to a report from the probation service, the offending came about due to a very stressful period in which she had divorced her husband in a very acrimonious case costing £65,000 in legal fees, and was also having to deal with her very “traditional” mother and poorly grandmother. The stress of her situation led her to increase her dependency on alcohol.
The report read: “Mrs Gancarz does have depression and anxiety, she is on medication for this.
“She went through a difficult divorce some two years ago, losing a lot of money, she lost two business and spent £65,000 on solicitor fees.
“She is working, albeit for a much lower salary, as an accounts assistant. On April 14 she had been having an issue with her mother who was over to help with her daughter, she was very depressed and she was not coping very well. Mrs Gancarz’s mother came to visit her from Poland.
“She was not happy with her situation and the fact she was looking after her daughter on her own following the divorce. She was coming to help her with the situation but they have a difficult relationship.
“She put a lot of pressure of her. Her parents are quite traditional. Things like when she was married, she was in a good position financially, they were more supportive yet when she was divorced the attitude of her parents changed a lot. She wasn’t coping very well.
“On the 14th she was going to go and buy a bottle of wine so that she could escape for a while. She parked in a lay-by in Wilmslow and there she said her intention was to drink the wine, sleep in her car and go home the next day.
“She didn’t know it was an offence to be drunk in her car – but she now admits it was very poor actions. She accepts she was running away from her issues rather than facing them.
“The second offence was two weeks later and she had started to attend Alcoholics Anonymous regarding her drinking. She had made appointments with her counsellor regarding her depression and her mental well being too.
“Her mother had gone back to Poland but her grandmother had come over who wasn’t very well so she was having to look after her and her daughter and hold down a full-time job. She then received a call from her counsellor who said she wasn’t able to accompany her to court.
“This added to her other issues and she became overwhelmed with the amount of responsibilities and her situation and she drove out at 7am to get a bottle of wine. She parked in the car park at Marks and Spencer’s. Staff called the police and by this point she was intoxicated. She drove off and as she was driving away, she hit a bollard.
“She admitted this again was poor decision making. She was overwhelmed by the build-up of everything. She works at a firm in Wilmslow and there is a possibility this could jeopardise her employment. She is remorseful and wants to get better for her seven-year-old daughter.”
Mitigating for Gancarz, Karen Rodes said: “These are extremely serious offences but she has never appeared in front of the police or courts before. This was a very unfortunate series of circumstances. She is extremely remorseful and regrets that she finds herself in this position.
“She has been going through a difficult time and is finding it hard to cope. She has been coping on her own for just over two years. Over her divorce, her and her ex-husband, who is also an accountant, lost their business and lost a lot of money.
“Despite everything, that is what she wishes to continue doing. She feels this is something which will help her, she is going to meet with another counsellor. She wants that assistance. She is very vulnerable but she wants to work with probation.”
After entering a guilty plea to drink driving, Gancarz was banned from driving for three years and put under a 12-month community order. Magistrates also ordered her to undertake 60 hours unpaid work, complete the drink drivers awareness course, and pay a total of £170 in costs.
AND IN MORE DRINK DRIVING NEWS
Former Nurse Banned After Drink Driving Crash
A former senior nurse has appeared in front of York Magistrates after being caught drink driving at three times the legal limit.
Simon Ostler, prosecuting, told the court that 56-year-old Fiona Dewar collided with a parked vehicle on February 15 at 5.20pm. Members of the police and ambulance service had to help her out of her car.
She was breathalysed and later found to have 268mcg alcohol per 100ml blood where the legal limit is 80mcg per 100ml.
Liam Hassan, mitigating for Dewar, explained how his client had been suffering from depression in the run-up to her retirement from her post and had found herself despondent and at a loose end following her departure from her high-pressure and high-intensity job.
He added that losing her licence would make dealing with her significant family responsibilities all the more difficult.
District Judge Adrian Lower said: “Sadly I am often sentencing middle-aged ladies with otherwise blameless lives for drink driving where the reading is extremely high.”
“There is usually a reason why someone has drunk far too much and then got behind the wheel of a car.”
“I hope if there is any good to come out of this appalling situation it is that you recognise that drinking has become a problem for you and you have decided to do something about it.”
After his remarks on the drink driving, District Judge Lower sentenced Dewar to a 12-month community order with a 10-day rehabilitation requirement as well as banning her from the roads for 26 months. Dewar must also undertake 200 hours unpaid work, pay £85 costs and a £85 statutory surcharge.
AND IN DRUG DRIVING NEWS
Drug Driving Motorcyclist Warned Of Cocaine Risk
Magistrates in Haverfordwest, Pembrokeshire, have warned a former drug addict of the dangers of cocaine and told him to sort his life out after he was caught drug driving his Honda motorcycle.
Sian Vaughn told the court for the prosecution that 27-year-old Mark Briskham was riding his motorcycle on November 10 when he was stopped by police.
“It was quite clear he was under the influence of drugs because of his erratic behaviour. He admitted he had taken cocaine,” she said.
Following tests, it was found that Briskham’s blood contained traces both of cocaine and BZE – Benzoylecgonine – a by-product of the class-A drug.
Mike Kelleher, representing Briskham, insisted that following a lengthy prison sentence his client was completely clean and had even been assisting in youth group sessions, hoping to steer youngers away from a path similar to his own.
He continued to say, however, that following a distressing period with his family he had relapsed and while out with friends had taken cocaine.
Mr Kelleher said: “That morning he did not think anything was amiss”
“After the incident, he contacted his doctor and was prescribed medication. He has now come off it and has not taken drugs since.”
He added: “This was a one-off brought about by very difficult circumstances and the night before.”
Briskham pleaded guilty to two charges of drug driving and was warned by the chairman that cocaine was a “dangerous substance” and told him to sort his life out. Briskham was fined £120, ordered to pay £85 costs, a £30 surcharge, and banned from the roads for 12 months.
AND IN DRUG DRIVING NEWS
Tearful Teen May Lose Apprenticeship Following Drug Driving Ban
A teenager broke down in tears as he explained himself to Swindon Magistrates after being caught drug driving.
Aiden Millin, 19, was stopped in the early afternoon with friends in the car. “He’s stopped because he’s using what they have called a space saver tyre on the near rear side. The officer says he intends to give words of advice,” explained prosecutor Pauline Lambert.
“The officer is greeted by a strong scent, which he recognises as cannabis,” she continued.
A roadside test showed Millin to be under the influence of cannabis, and further tests also found traces of both cannabis and cocaine as well as 192mcg per litre of blood of the cocaine metabolite, Benzoylecgonine (BZE). The legal drug driving limit for BZE is 50mcg per litre of blood.
While Millin was not interviewed by police, Ms Lambert insisted that the fact other young people were in the car with him while driving under the influence should be an aggravating factor when it came to sentencing.
Representing himself in court, declining the on-duty solicitor, Millin pleaded guilty and described the evening’s events to magistrates, saying: “I went to the pub the night before, had a few drinks, had a bit of coke.”
Stating that there were at least 11 hours between leaving the pub and getting behind the wheel again the next day, he explained: “I went to bed at 3.30am and probably had my last spliff at about 2am. I genuinely thought it wouldn’t be in my system.
“I’m not the type of person to go out drink driving or drug driving. I tried to make rules with myself the second I passed my test.”
He also added that he had promised his father that he would not drink drive.
Talking about his apprenticeship, he started crying: “I’m going to lose my job. I work out at Cirencester. This is going to have such a big effect on the rest of my life.”
“Ever since the event happened I’ve cut down on drinking. It’s really opened my eyes to it a lot.”
Millin pleaded guilty to the drug driving charges, resulting in a 28-month ban from driving and a community order for 100 hours of unpaid work. He was also ordered to pay £170 in costs and surcharges.
About Carl Millar
Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.
Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.
With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.
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