One of the men charged with creating fictitious documents while contracted to service breath alcohol testing instruments used by law enforcement appeared in circuit court for the first time Thursday.
The instrument, DataMaster DMT (DataMaster Transportable), is more commonly known as a breathalyzer and measures the driver’s breath alcohol concentration after they have been arrested for suspicion of drunk driving.
Last year, Michigan Attorney General Dana Nessel filed charges against Andrew Clark and David John for falsifying service records related to certain diagnostic tests and repairs on DataMaster DMTs. A four-month investigation led by the attorney general’s Public Integrity Unit and the Michigan State Police led to the criminal cases.
John pleaded guilty in October to all nine charges he faced and was sentenced to 36 months’ probation, with the first nine months served in the Kalamazoo County Jail.
In May, a circuit court judge reinstated charges against Clark following a successful appeal by the Department of Attorney General. A district court judge previously found no probable cause to send Clark to trial.
The charges against Clark are:
• Two counts, forgery of a public record, a 14-year felony charge.
• Two counts, uttering and publishing, a 14-year felony charge
• Two counts, use of a computer to commit a crime, a 10-year felony charge.
Clark appeared before Eaton County 56th Circuit Court Judge Janice Cunningham Thursday. The status conference was his first appearance since the Department won the appeal of the lower court’s dismissal.
Scheduling was the matter addressed during the appearance. Judge Cunningham set another status conference for Aug. 19 at 11 a.m.
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