Off the roads after "feigning" collapse to avoid providing breath sample

Wednesday 28 April 2021

A man has been taken off the roads and handed a hefty fine after failing to provide a breath specimen by "feigning" collapse at the police station.

Robert Bourgaize, 70, was seen by an off-duty police officer just before midnight on 14 November having mounted the traffic island at the bottom of Mont Arrive.

While trying to dislodge his vehicle from the island, the vehicle suddenly jerked forwards and crashing into a wooden planter.

The police officer took his keys to follow Bourgaize and called in support. He was apprehended and officers suspected Bourgaize of drink driving, so he was taken to the police station. It was there that he 'collapsed' several times, stopping him from giving a breath sample on the intoxilyzer.

Pictured: Bourgaize was found at 23:45 stuck at the junction between Mont Arrive and La Vrangue.

Paramedics were called and found nothing wrong with Bourgaize, reporting back that “all his vitals are fine.”

Crown Advocate Rory Calderwood said it was the prosecution’s view that Bourgaize was "feigning" his collapse, despite a not guilty plea originally being given.

After consultation with his Advocate Phoebe Cobb, Bourgaize didn’t concede that his collapse had been completely faked, but did eventually plead guilty to failing to provide a breath specimen. 

During the defence, Advocate Cobb said Bourgaize had been particularly emotional that night, having taken his wife to the hospital, and was driving to another relative's house for emotional support. 

His wife has since passed away and Advocate Cobb said his driver’s licence was now precious to him, for it allowed him to visit family. 

Judge Graeme McKerrell disqualified Bourgaize from driving for three years, and gave him an £800 fine to be paid off incrementally from his States pension.