DataMaster defendant found guilty by jury

One of the men charged with creating fictitious documents while contracted to service law enforcement alcohol testing instruments faces prison after being convicted by a jury, Michigan Attorney General Dana Nessel announced last Thursday.  

The instrument, DataMaster DMT (DataMaster Transportable), is more commonly referred to as a breathalyzer and measures the driver’s breath alcohol concentration after they have been arrested for suspicion of drunk driving.

In 2020, 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 (PIU) and the Michigan State Police (MSP) led to the criminal cases.

John pleaded guilty to all nine charges he faced and was sentenced to 36 months’ probation, with the first nine months served in the Kalamazoo County Jail.  

Clark opted for trial, which began last Monday in Eaton County 56th Circuit Court.

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.

After spending four hours deliberating, a jury convicted Clark late last Thursday afternoon on all counts.

“The crimes perpetrated in this case compromised the public's faith and confidence in the criminal justice system,” Nessel said. “I extend my appreciation to the jury and I remain grateful for the work of our PIU in coordination with MSP that brought this case to court.”

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