(dissenting). 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 Breathalyzer test, the results of the test should be excluded. Id. at 35-36.
In the present case, the Presque Isle County Sheriff’s Department videotaped defendant upon his arrival at the county jail at 3:05 a.m. Until the *401administration of the first Breathalyzer test at 3:40 a.m., defendant sat on a chair in full view of the video camera. Except for very brief periods, either the arresting officer or the booking officer was personally present with defendant from 3:05 a.m. until the arrival of the Breathalyzer officer at 3:32 a.m. A review of the videotape conclusively demonstrates that for more than a fifteen-minute period before the first Breathalyzer test, defendant did not smoke, regurgitate, or place anything in his mouth except for the mouthpiece associated with the performance of the test. 1992 AACS, R 325.2655(1)(e).
The videotape in this case is more accurate than human memory. It is more than twice the time duration that is required by the rule.. While the observation occurred through the eye of a camera instead of in person by the operator, the technical violation at issue does not affect the accuracy of the test. On the contrary, the accuracy of the Breathalyzer test is bolstered, not diminished, by the videotape.
In my view, the circuit court was correct in admitting the evidence and in following the precedent set by the Alaska Supreme Court in Webster v State, 528 P2d 1179 (Alas, 1974), cert den 423 US 836 (1975). The accuracy concerns addressed by the administrative rule were clearly satisfied by the thirty-five minute observation videotape. Under the circumstances of the present case, the deviation from strict compliance with the administrative rule was harmless error. People v Hall, 435 Mich 599, 609, n 8; 460 NW2d 520 (1990); People v Mosko, 441 Mich 496, 502-503; 495 NW2d 534 *402(1992); MCL 769.26; MSA 28.1096;1 MCR 2.613(A).2
I would affirm.
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