People v. Willis

These cases present an issue of first impression: What remedy, if any, should be applied where Breathalyzer tests are not administered in compliance with the applicable administrative rules?

In Docket No. 107906, defendant Willis was arrested in the City of Kalamazoo and cited for operating a motor vehicle while under the influence of intoxicating liquor in violation of local ordinance § 36.129(b)(c). Upon his arrest, Willis was transported to the Western Michigan University Police Department where he submitted to a Breathalyzer test which reported his blood-alcohol content at 0.23 percent. A…