Two technicians have been charged, accused of falsifying service records for alcohol breath testing equipment.
Michigan Attorney General Dana Nessel filed charges against the DataMaster DMT (DataMaster Transportable) technicians on Thursday.
The breathalyzers were used by law enforcement across Michigan to measure the alcohol level of those suspected of driving under the influence of alcohol.
Michigan State Police (MSP) 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 the issue was noticed, MSP temporarily removed all instruments from service and launched an investigation.
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. Specific charges are as follows:
Andrew Clark, charged in Eaton County:
• 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.
David John, charged in Kalamazoo County:
• 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.
The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.