A 42-year-old single mother, who crashed her car after Christmas drinks at a golf club, is not jailed after the judge says, ‘It’s the situation.’

After consuming more than twice the legal alcohol limit, a single mother drove her car into a fence following a Christmas gathering in Cheshire. Despite this, she managed to avoid a more severe penalty when a magistrate bluntly stated, ‘It is what it is.’

Malgorzata Derbin, a 42-year-old school worker, lost her job following the incident at Macclesfield Golf club on 7 December.

During a court session at Crewe magistrates’ court, the mother, originally from Poland and with one child, became emotional and tearful while confessing to driving under the influence. She expressed deep regret for her actions, labeling her choice to drive as ‘terrible’ and referenced her daughter during the apology.

‘She is five in a few days,’ said Derbin. ‘I am so disappointed in myself.’ 

Sarah Pochin, acting as the magistrate and chairperson of Cheshire East council, took note of the emotional state of the accused before issuing a £120 fine. In addition to the fine, she was also directed to pay £133 for costs and a victim surcharge.

‘We can see it has been very distressing for you, said Pochin. ‘It is a horrible thing to have happen. But it could have been worse. 

‘No one was hurt. It is what it is. Do not be too hard on yourself. Unfortunately, we all get ourselves into problems.’  

Derbin, who was also disqualified from driving for 20 months, was offered the opportunity to take a drink-driving awareness course, the successful completion of which would reduce the ban by a quarter.

Malgorzata Derbin, a 42-year-old school worker, lost her job after driving her car into a fence following a drinks gathering at a golf club in Cheshire

Sarah Pochin, the presiding magistrate and chairman of Cheshire East council, acknowledged Derbin’s distress and told her: ‘It is what it is. Do not be too hard on yourself’

Derbin, a 42-year-old mother of one, said her actions were ‘against all my beliefs and values’. ‘I’m so disappointed in myself,’ she added

‘Since the accident I have been thinking about it,’ said Derbin. ‘I really do not know why I made that terrible, terrible decision. 

‘I have been driving for 24 years and have not even had a point on my licence. I never drink and drive. Not even after one glass, never. This was totally out of character.

‘I think to be honest, I got intoxicated to a point where I could not make a clear decision. It may be at that point I decided I was OK.’

Tests showed Derbin had 82 micrograms of alcohol per 100 millilitres of breath. The legal limit in England and Wales is 35 micrograms.   

Tara Thomas, prosecuting, said: ‘Police were called to make their way to Macclesfield Golf Club and on arrival, officers saw a Ford C Max vehicle had crashed into a fence on leaving the car park.

‘The officers saw people crowded around the car, and they told the officers that they had witnessed the defendant drive the car. 

‘The defendant was located inside the locker room and a roadside breath sample was requested which was over the limit, and she was arrested. 

‘The defendant is of previous good character.’

Tests showed Derbin had 82 micrograms of alcohol per 100 millilitres of breath. The legal limit in England and Wales is 35 micrograms

Derbin told the hearing that she decided to drive home despite a lift having been organised for her.  

‘The only thing that I could think of was this is something that I would never have done,’ she said.

‘I would never be that person who decides after drinking to get into a car. It is against all my beliefs and values. I’m so disappointed in myself. 

‘I worked in the school on a few days, but was put under investigation for gross misconduct. It was my choice, either to resign or they would dismiss me for gross misconduct. 

‘This has already had a huge impact on me. I thought about the best decision to make.

‘I am on universal credit at the moment.’

Providing the court with character references, Derbin added: ‘I don’t really have a problem with alcohol. I rarely drink.

‘I was struggling with fertility and pregnancy for three years. I did not drink at all for about five years. I think that might have contributed, that I had a few drinks. 

‘I am really sorry.’