Coalisland woman's car went 'airborne' during crash on M12 near Portadown, Craigavon court hears
and on Freeview 262 or Freely 565
Barbara Kowalczyk, aged 40, from Railway View, Coalisland, appeared before Craigavon Magistrates Court charged with driving while unfit through drink/drugs and danger driving.
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An interim disqualification was ordered by the court on September 6 this year.
The court heard that on March 4 this year, police were told of a Mercedes being driven erratically on the M12 with the vehicle ‘swerving across lanes’. It then mounted the M12 roundabout ‘going airborne and crashing into a barrier’.
A prosecutor said an ambulance crew suspected the driver to be under the influence of drink or drugs and ‘had slurred speech and appeared unsteady on her feet.
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Hide AdKowalczyk failed a preliminary breath test and blood tests revealed 167 milligrams of alcohol to 100 millilitres of blood. The legal limit is 80 milligrams of alcohol per 100 millilitres of blood. Cannabis was also detected.
During interview she denied taking alcohol and cannabis, saying she couldn’t remember details. The court was told she has no previous record.
District Judge Michael Ranaghan asked Kowalczyk’s barrister, Mr Conor Lunny, why, with the defendant having nothing previous, the pre-sentence report describes her as having a ‘medium risk of reoffending’.
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Hide AdMr Lunny said he also didn’t understand that but suspected that it may have something to do the lack of an explanation as to how she got into that state.
"She is still unable to explain. This has been the case since I first met her. She’s not a drinker. In fact, she is almost teetotal. But the science was not contested. She was clearly unfit,” said Mr Lunny.
The barrister said there is a ‘wealth of mitigation’ as his client is a ‘highly educated’ woman from Poland. He revealed she had found it difficult to get to her work in Dungannon via bike and is fearful that she will be unable to get to work during the winter.
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Hide Ad"I accept this is a bad case of dangerous driving. It could have resulted in injuries far worse to her, to her passenger – I believe there is a claim ongoing via her insurance policy – and indeed other road users. The fact that the car was in the air at all speaks to that.”
“She’s going to lose that job. It’s a factory job. Can I say, without wishing to embarrass her, she’s probably over-qualified for that factory job as a result of her qualifications in Poland.
“She’s very insightful and respectable but she can’t explain why she got in that state, which is something she’s going to have to deal with.”
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Hide AdDistrict Judge Michael Ranaghan said there was a “lot of mitigation” in this case but “it was a very dangerous situation for other road users and indeed yourself”.
"I have to take into account you are before the court with a clear criminal record. You did plead guilty at pretty much the first opportunity here. There’s nothing around health or addiction issues. It’s a confusing probation report.”
For the dangerous driving charge, Kowalczyk was given a 14-month driving ban. For driving while unfit, she was given a concurrent 12 months driving ban and ordered to carry out 100 hours of community service.