I have a cousin that got pulled over for driving under the influence and the police gave him a copy of the data master log, but he said he never blow in a machine at the police station. The police gave him a copy of a data master log that was exactly what he blows at his car with a hand held breathalyzer from the police officer. Can he get this case dismissed and can there be charges brought up against the police officer for making a fake Data Master Log copy?
He can try. But it may or may not fly. Who was the operator of the data master. Where there any other people around etc. There will be a hearing on the issue.
Your cousin should engage and attorney and voice his various allegations, they may provide him a defense. As for the rest, it is extremely doubtful that you could bring a successful action against the police but that should be looked into by his defense attorney.
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