LANSING, Mich. (WLNS) — A technician who was contracted to service the DataMaster DMT (DataMaster Transportable) breathalyzer for the Lower Peninsula was sentenced to jail time and probation recently for forging records for that equipment.
The DataMaster DMT breathalyzer is the instrument used by law enforcement across Michigan to measure the breath alcohol level of drivers suspected of being under the influence of alcohol.
David John, 59, of Kalamazoo, was sentenced Monday by Judge Paul Bridenstine in Kalamazoo County 9th Circuit Court to 36 months’ probation with the first nine months to be served in the Kalamazoo County Jail with credit for one day served.
John plead guilty on Oct. 28 of three counts of forgery of a public record, three counts of “uttering and publishing” and three counts of use of a computer to commit a crime.
“Mr. John’s crimes were not just a violation of his contractual obligations – his actions compromised the integrity and the public’s faith and confidence in the criminal justice system,” Michigan Attorney General Dana Nessel said. “His failure to uphold the trust placed in him by the people of this state is an egregious act of misconduct, and he will now be held accountable for that behavior.”
The Michigan State Police (MSP) had a contract with Intoximeters Inc. to provide ongoing maintenance and repairs, as well as on-site inspections on each of the 203 DataMaster DMTs in the state.
Each Intoximeters technician – including John – was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs
John falsified three certifications and attempted to pass them off as accurate and completed on the Alpena County DataMaster breathalyzer instrument.
Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. After the issue was discovered, MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery.
MSP began working with the Attorney General’s Public Integrity Unit. A four-month investigation resulted in charges being filed in May against John and Andrew Clark, 54, of Oxford. Citing a lack of venue and evidence, Judge Julie O’Neill of the Eaton County 56-A District Court on Dec. 9 dismissed the charges filed against Clark. The Attorney General’s office is continuing to review that decision.