People v. Boughner

I respectfully dissent. The administrative rules promulgated with respect to the administration of Breathalyzer tests should be construed in a reasonable manner in order to avoid absurd and unjust results. People v Tipolt, 198 Mich App 44, 47; 497 NW2d 198 (1993). See also People v Tomko, 202 Mich App 673, 675-677; 509 NW2d 868 (1993). Further, "the exclusion of evidence is not necessarily the appropriate remedy for every violation of an administrative rule.” People v Willis, 180 Mich App 31, 35; 446 NW2d 562 (1989). If, however, the administrative rule violation affects the accuracy of the…