LANSING, MI (WKZO AM/FM) - A circuit court judge has reinstated charges against one of two men contracted to service breath alcohol testing instrument.
If the calibrations are incorrect, it could indicate people are above the legal driving limit of 0.08 BAC even if they weren t, or below the legal limit when they were actually above it.
Clark s attorney, Conrad Vincent, said in December he thought O Neill s decision was fair. He did not respond for comment Tuesday.
Michigan State Police began the investigation into Clark and fellow technician David John in January 2020, after a review found inconsistencies in paperwork submitted from Alpena County.
Clark is charged with two counts of forgery of a public record, two counts of uttering and publishing and two counts of using of a computer to commit a crime.
three counts, uttering and publishing; and
three counts, use of a computer to commit a crime.
John was sentenced to 36 monthsâ probation with the first nine months to be served in the Kalamazoo County Jail with credit for one day served. He remains in jail at this time.
In December, Eaton County District Court Judge Julie OâNeill found no probable cause to send Clark to trialâa ruling that was appealed by AG Nessel and overturned by visiting 56th Circuit Court Judge David Jordan Monday afternoon.
The reversal means the case is remanded back to district court with instructions to bind over the defendant on his original charges.
Judge reinstates charges in breathalyzer case involving Kalamazoo man
file photo
and last updated 2021-05-11 14:34:54-04
LANSING, Mich. â A circuit court judge has reinstated charges against one of two men contracted to service breath alcohol testing instruments used by law enforcement.
Michigan Attorney General Dana Nessel made the announcement in a news release Tuesday.
The instrument, DataMaster DMT, is more commonly known as a breathalyzer and measures the alcohol level of drivers suspected of drunk driving.
Last year, Nessel filed charges against Andrew Clark of Oxford and David John of Kalamazoo for creating false documents related to certain diagnostic tests and repairs on DataMaster DMTs.
Four arrested in 2020 police chase, shooting incident in Eaton Rapids
EATON RAPIDS – Police said they ve arrested four people in connection with an incident last summer in which a police car was struck by gunfire.
Three Eaton Rapids residents were arraigned on multiple counts Thursday or Friday in Eaton County District Court, while a Lansing man already in custody has yet to be formally charged, according to police and court records.
The charges stem from a police chase and shooting incident on June 8, 2020, Eaton Rapids police said in a news release.
An Eaton Rapids officer tried to stop the driver of a vehicle believed to be involved in a shots-fired incident in Hamlin Township. Someone in that vehicle fired a weapon at the pursuing officer, hitting the police cruiser. The officer was not injured and did not return fire, police said at the time.