People v. Valeck

The prosecution appeals by leave granted from a district court discovery order allowing defendant to inspect the Datamaster breath test instrument that had been used by the Walled Lake Police Department to test the defendant’s blood alcohol level. We reverse and remand.

i

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor while having an unlawful blood alcohol level, MCL 257.625(1); MSA 9.2325(1). Defendant filed a motion in the district court requesting inspection and testing of the Datamaster infrared-based chemical breath test instrument…