AN ELDERLY woman was seriously injured when the car she was getting out of was hit from behind by another vehicle.

Blackburn magistrates heard the driver of the second car had his two young children in the vehicle at the time.

And a breathalyser reading obtained nearly two hours after the 10am crash showed Mariusz Partyka was still nearly three times the legal drink-drive limit.

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Partyka, 32, of James Avenue, Great Harwood, pleaded guilty to failing to provide a specimen for analysis and driving without due care and attention.

He was sentenced to 18 weeks in custody suspended for two years, ordered to do 200 hours unpaid work, fined £400 and ordered to pay £85 costs and £80 victim surcharge.

Rachael Parker, prosecuting, said Partyka eventually gave a single breath sample but failed to provide the second sample required for a drink-driving charge to be laid.

She said Anthony Cartmel parked up in Queen Street, Great Harwood, while his mum got out of the car.

Miss Parker said: “As she was getting out there was a loud bang and the car jolted forward and on-to the pavement.

“When Mr Cartmel got out his mother was at the rear of the car and she was seriously injured.”

Miss Parker said Mrs Cartmel broke her leg in two places in the accident on December 23 and was still in hospital. She had surgery to pin bones into place and had been moved to Preston Royal Infirmary where she had skin grafts.

“It was thought at one stage she may have to have her leg amputated but it has now been saved,” said Miss Parker.

“It is not known when she will be released from hospital. She had limited mobility before the incident and it is now thought she will not be able to take care of herself in her own home.”

She said when police arrived Partyka was asked to provide a breath sample but refused. He eventually provided one sample at 11.45am which showed a level of 101 against the legal limit of 35.

When he was interviewed by police Partyka said he had been drinking strong Polish beer until 3am and only had a couple of hours’ sleep.

When he was asked if there was anything he could have done to avoid the collision he said; “I should have stayed at home.”

David Lawson, defending, said the magistrates were entitled to take into account the single breathalyser reading.

“Clearly there was a high level of impairment and my client accepts this is a serious matter,” said Mr Lawson. “It perhaps provides no comfort or solace for the family but my client is genuinely remorseful.”

He said Partyka, who works as a printer, recognised the significance of having his two young children in the car.

“He had promised the day before to take them to a play centre but clearly, as he said to police, should have stayed at home,” said Mr Lawson.