One of the serious public issues that became the subject of discussion as early as mid-2022 concerns false positive drug tests and the illegal detention of drivers who tested false positive. In 2022, with the assistance of the Sylvia Petkova Law Firm, the first case in Bulgaria for compensation for a false positive test result for a motor vehicle driver was filed and won, and the case was widely reported in the media.
More information about the case is available in the article ” False positive drug test. Won case”.
This year we are starting with a successful representation for unlawful detention specifically in connection with a false positive drug test.
Illegal detention – the case
Svetoslav* is a young man with a university degree and a high-paying job. He has never used drugs in his life. That is why, when he is stopped for a check by a police patrol on his way to work one morning, he agrees to be tested for drug use. To his surprise, however, the test came back positive for amphetamines.
Svetoslav contested the result and insisted on being issued a medical examination form, on the basis of which he could provide biological samples (blood and urine) to prove that he had not used drugs and, therefore, had not committed a crime. Since he was detained for 24 hours due to the positive result, he asked the police officers to fulfill their duty to accompany him to the nearest medical facility.
At the same time as the arrest, police officers confiscated Svetoslav’s driver’s license and removed the license plates from his car. He was taken to a medical facility in handcuffs, and after biological samples were taken, he spent about 14 hours in a detention room at the local police station.
* With a view to preserving attorney-client privilege, the name has been changed.
Illegal detention – the decision of the court
Svetoslav turned to the law firm for help immediately after his release from custody. A complaint was immediately drafted, alleging that Svetoslav had been unlawfully detained, as this was contrary to the objectives of the law.
In an extremely swift process (less than one month), the district court issued a ruling confirming the law firm’s argument that Svetoslav was being unlawfully detained. In reviewing the specific case, the court found that there was no indication of the factual basis for the detention, as only the numerical expression of the legal norm was cited, without reference to the act from which this norm was derived.
The court’s second argument is that detention does not correspond to the purpose of the law at all. In fact, detention by the police is not a mandatory measure. This is because the law provides that police authorities may detain a person under certain circumstances. This means that even if any of the circumstances provided for in the law are present, detention is not mandatory but is subject to the discretion of the police officers in each specific case.
For detention to be lawful, its purpose must be to interrupt a crime that has already begun, to prevent the possibility of such a crime being committed immediately, and there must be no other appropriate measure that does not involve deprivation of liberty that would fulfill these functions. Only then is detention lawful.
With the cancellation of the ruling against Svetoslav illegal detention, in his favor activates the right to receive compensation for the inconvenience caused a14> inconvenience caused by the fact that he spent 14 hours in custody, as well as damage to his good name.
______________________________________________________________________________________________________
The most interesting cases successfully handled by the law firm can be found in the section a7> you can find in the section “News”.
Silvia Petkova Sole Proprietorship Law Firm is a leading international law firm providing specialized legal assistance against unlawful detention and police arbitrariness.
Contact:
Working hours: Monday to Friday from 10:00 AM to 6:00 PM
Address: Sofia, 2 Tri Ushi Str., 3rd floor
Tel. 0885 47 77 57
Email: office@petkovalegal.com
Consultations by telephone and on site at the law office are provided only by previously scheduled appointment.
The lawyers from the law firm provide legal assistance throughout Bulgaria, as well as in the Republic of Turkey.