Judge reinstates charges in breathalyzer case involving Kalamazoo man

Posted at 3:19 PM, May 11, 2021
and last updated 2021-05-11 15:19:23-04

LANSING, Mich. — 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.

John pleaded guilty in October to all nine charges he faced:

  • Three counts of forgery of a public record
  • Three counts of uttering and publishing
  • Three counts of using a computer to commit a crime

John was sentenced to 36 months’ probation, with the first nine months to be served in the Kalamazoo County Jail with credit for one day served.

He is still in jail.

Back in December, Eaton County District Court Judge Julie O’Neill found no probable cause to send Clark to trial – a ruling that was appealed by Nessel and overturned by visiting 56th Circuit Court Judge David Jordan on Monday afternoon.

The reversal means the case is remanded back to the district court with instructions to bind over the defendant on his original charges.

Clark faces the following charges:

  • Two counts of forgery of a public record – a 14-year felony charge
  • Two counts of uttering and publishing – a 14-year felony charge
  • Two counts of using a computer to commit a crime – a 10-year felony charge.

A new court date for Clark has not been set.

The criminal cases against Clark and John followed a four-month investigation led by the Attorney General’s Public Integrity Unit and the Michigan State Police.