LANSING, Mich. (WOOD) — A judge has decided the criminal case against a technician accused of falsifying maintenance documents for breathalyzer machines can go forward.
The decision, announced Tuesday by the Michigan Attorney General’s Office, reverses a December ruling that led to the charges against Andrew Clark being thrown out. An Eaton County judge had said there wasn’t probable cause in the case, a ruling that the AG appealed.
Clark, of Oxford, again faces six criminal counts: two of forgery of a public record, two of uttering and publishing and two of use of a computer to commit a crime. Forgery and uttering are 14-year felonies, while the computer crime carries a sentence of up to 10 years.
The case against Clark stems from allegations of fraud in how he and another technician employed by St. Louis-based Intoximeters kept service records for the DataMaster DMT breathalyzer machines at police and sheriff’s departments around the state. In January of last year, Michigan State Police said it had found discrepancies in the records for several of the machines and it took all 203 of them statewide out of service until it could confirm that all were in proper working order.
Breathalyzers are not the same as portable breath tests drunken driving suspects would be asked to take roadside. Instead, a suspect would take a breathalyzer test after being taken back to a police station.
Also charged in the case was David John of Kalamazoo. He pleaded guilty to nine criminal counts and in December was sentenced to nine months in jail and 27 months of probation after that.
It’s not yet known when Clark will be back in court.