Eastern suburbs mum caught seven times over limit learns punishment

An eastern suburbs mum has been sentenced after she crashed her vehicle while drunk when she was on the way to pick up her kids. And the magistrate has made a stunning comment regarding the woman’s level of intoxication.

Malgorzata Kwoka has been sentenced for high range drink driving. Picture: John Grainger

An eastern suburbs drink drive mum who crashed her Porsche while on the way to pick up her kids has narrowly avoided jail time.

Malgorzata Kwoka, 44, from Bellevue Hill, wiped away tears as she appeared in Waverley Local Court on Wednesday for sentencing.

Ms Kwoka was arrested on September 19 for crashing her Porsche Cayenne into a bollard at a shopping centre car park in Double Bay before returning a breath analysis of 0.341 - seven times the legal limit.

Malgorzata Kwoka leaving court today with one of her supporters.

Magistrate Allison Hawkins called the reading “so incredibly high I cannot recall in my career seeing one as high as that”.

“It was fortunate that you were stopped by the bollard because your children did not get in the car that day and one can only imagine what could have happened if that had occurred.”

Ms Kwoka was convicted and sentenced to a term of imprisonment of 12 months to be served by way of intensive correction in the community, after previously pleading guilty to high range drink driving.

She was also ordered to perform 100 hours community service work, to continue her rehabilitation treatment and was disqualified from driving for nine months (to be followed by a 24 month interlock licence).

Damage caused to the bollard she hit next to a ticket machine in the car park.

“You came very close to jail today,” Magistrate Hawkins said. “But make no mistake the order I am placing you on is a form of jail.”

Ms Kwoka’s defence said she had gone through a marriage break-up and was in a bad state when the incident happened.

"I think it is fair to say, your honour, she has been very seriously affected by the break down in her marriage.

"She currently has no car and no financial support and is currently unemployed."

However, her defence said she was an accountant and wished to get back to work as soon as possible.

He also said at present her children were living with their father.

She was sentenced at Waverley Local Court today.

The 44-year-old had been drinking from 10am on September 19 when she crashed her Porsche Cayenne in the Double Bay Shopping Centre car park around 6pm, agreed facts stated.

She was on the way to pick up her children from day care, located at the shopping centre.

A witness came over and spoke to Ms Kwoka asking if she was okay after the collision.

“The accused was unable to verbally answer and instead just blankly stared at the witness,” the agreed facts read.

The witness asked her to remove the keys from the ignition and she was helped out of the passenger seat door, because of the angle of her vehicle.

“Police arrived at the scene to find the accused unsteady on her feet and eyes bloodshot.”

She initially told police she had only had two glasses of wine.

She failed a roadside breath test, was arrested and taken to Waverley Police Station where she returned a breath analysis of 0.341.

The agreed facts stated she had driven about 3.5km in peak hour traffic to the shopping centre.

However, her defence disputed that distance and argued it was in fact a much shorter distance.

The agreed facts said she had been drinking red wine since about 10am that day.