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Michigan men charged with multiple felonies for falsifying service records of alcohol breath testing equipment

Four-month investigation led by Michigan Attorney General’s Public Integrity Unit

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LANSING, Mich. – Michigan Attorney General Dana Nessel on Thursday filed charges against two technicians contracted to service all the DataMaster DMT (DataMaster Transportable) breath alcohol testing instruments for the Lower Peninsula.

The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of motor vehicle drivers suspected of being under the influence of alcohol.

The Michigan State Police entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as 120-day on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs.

Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2,2020.

Specifically, it is alleged that two of Intoximeters Inc.’s three technicians -- Andrew Clark and David John -- created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance—one incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instrument located at the Alpena County Sheriff’s Office.

After discovering the issue, MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery.

The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government. The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced Friday.

Charges

Following a four-month investigation led by the Attorney General’s Public Integrity Unit and the MSP, a total of nine felony charges were filed against David John, age 59, of Kalamazoo, and a total of six felony charges were filed against Andrew Clark, 53, of Oxford.

Clark was charged in Eaton County with two counts, forgery of a public record, a 14-year felony charge; two counts, uttering and publishing, a 14-year felony charge; and two counts, use of a computer to commit a crime, a 10-year felony charge.

John was charged in Kalamazoo County with three counts, forgery of a public record, a 14-year felony charge; three counts, uttering and publishing, a 14-year felony charge; and three counts, use of a computer to commit a crime, a 10-year felony charge.

“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state,” Nessel said. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.”

Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.

Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bond. He is scheduled for a probable cause conference at 4 p.m. June 1.

John will be arraigned at a later date due to reduced court operations related to COVID-19.

Click here to view a video from Attorney General Nessel.