Charges Reinstated in Breathalyzer Equipment Case

A circuit court judge is upholding charges against one of two men who created fake documents related to breathalyzer equipment used by law enforcement in the Lower Peninsula.

Andrew Clark and David John were contracted to service breath alcohol testing instruments used by law enforcement in the Lower Peninsula and were charged by Attorney General Dana Nessel last year.

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

  • three counts, forgery of a public record;
  • three counts, uttering and publishing; and
  • three counts, use of a computer to commit a crime.

Clark faces the same crimes, but an Eaton County judge found no cause to send Clark to trial. The decision was appealed by the attorney general, and the case will now go back to the district court.

The charges against Clark are:

  • 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.

“I applaud Judge Jordan’s reversal and appreciate the work done by my Public Integrity Unit and Michigan State Police on this case,” Attorney General Nessel said in a release. “Those who hold positions of trust at any level of our justice system must be held to a high standard.”