In Michigan, the DataMaster DMT will be the new standard around the State. The external printer is an important facet of the defense analysis of the DataMaster DMT, as it appears to be one area where problems might arise.
The DataMaster DMT in Michigan can reprint only the most recent test results obtained. If another test sample or device failure intervenes before the result is printed, the data is lost forever. It would seem that the requirements of MCL 257.625c(the implied consent law) would be satisfied, and the defendant would not be required to submit to another test if the printer malfunction results in the loss of test data.
If you happen to be tested by one of these machines, and the police officer screws up and can't print your results, you've probably complied with the implied consent law, and should not offer any additional evidence. The police may not be able to obtain evidence of your intoxication, and that's completely their fault. Sit tight, close your mouth and be glad that the police screwed up. You may not be able to be charged if there is no chemical test showing your level of intoxication.
The DataMaster DMT in Michigan can reprint only the most recent test results obtained. If another test sample or device failure intervenes before the result is printed, the data is lost forever. It would seem that the requirements of MCL 257.625c(the implied consent law) would be satisfied, and the defendant would not be required to submit to another test if the printer malfunction results in the loss of test data.
If you happen to be tested by one of these machines, and the police officer screws up and can't print your results, you've probably complied with the implied consent law, and should not offer any additional evidence. The police may not be able to obtain evidence of your intoxication, and that's completely their fault. Sit tight, close your mouth and be glad that the police screwed up. You may not be able to be charged if there is no chemical test showing your level of intoxication.
