Charges dismissed against technician in alcohol device case

CHARLOTTE, Mich. (AP) — A judge has dismissed charges against one of two people charged with forgery and other crimes in an investigation of Michigan’s desktop alcohol-breath devices.

Eaton County District Court Judge Julie O’Neill found no probable cause to send Andrew Clark to trial. Separately, she said Attorney General Dana Nessel’s staff filed the case in the wrong county, the Lansing State Journal reported last Friday.

“Justice was served,” defense attorney Conrad Vincent said.

The DataMaster breath test is used to measure alcohol levels at county jails or police departments after a motorist is arrested. Earlier this year, all 203 machines were taken out of service until state police could verify that each was properly calibrated.

Andrew Clark worked for Intoximeters, a St. Louis company that had a state contract to service the machines. He was accused of creating false documents to show he completed tests and repairs on DataMasters at two police agencies.

“There was no independent eyewitness of anything the defendant actually did or did not do,” the judge said.

David John is facing charges in Kalamazoo County.