In the last two years, there has been a serious increase in the number of cases of false positive drug tests, with all cases involving drugs, as in all cases. for drugs, with in all cases police officers proceeding to a16> removing license plates, confiscation of licenses and detention, and in most cases resort to search of cars and personal searches. It is not an exception to searches are carried out in the homes of the drivers being checked.
Sole proprietorship law firm company “Silvia Petkova” is the first in the country law firm won a case for compensation for a false positive drug test for removing license plates and revoking driver’s license. This happened after a final decision by the Supreme Administrative Court. Since then, the law firm has filed more than ten such cases across the entire country.
Today, we are sharing yet another favorable outcome for our client, who was awarded compensation because police officers illegally proceeded to remove the license plates after a false positive drug test.
Removal of numbers for false positive drug test – the case.
Boyan* was driving his personal car in Sofia when he was pulled over by police officers, who informed him that he would be tested for alcohol and drug use. Boyan agreed, as he had never used any drugs in his life and drank alcohol extremely rarely. He was asked to provide a blood sample, but he refused to do so.
The result of his alcohol test was negative, but to his surprise, the drug test showed the presence of amphetamine. Boyan was detained. The police officers removed his license plate and confiscated his driver’s license, and Boyan himself was detained for up to 24 hours. However, he expressed his disagreement with the results of the drug test and immediately requested to be accompanied to the Military Medical Academy to provide biological samples to prove that he had not committed a crime.
At his request, police officers accompanied him to the Military Medical Academy, where Boyan gave blood and urine samples. The next day, after he was released, he took a test at an independent laboratory, which showed that no narcotic substances were found in his body.
A week later, he received the results of his test at the Military Medical Academy, which also showed that he had not used drugs. It took another two months before his license plates and driver’s license were actually returned.
Within the statutory period for appealing the orders to remove the license plates and revoke the license, Boyan challenged their legality, and a few months later, they were overturned by the administrative court.
* In order to preserve attorney-client privilege, the name has been changed.
Removal of numbers for false positive drug test – court decision
Armed with the ruling recognizing that removing the license plate before receiving the results of the biological test was illegal, Boyan filed his claim against the Sofia Directorate of Internal Affairs with the assistance of the Sylvia Petkova Law Firm. In his claim, he sought compensation for the non-pecuniary damage he had suffered as a result of being left without a car due to the removal of the license plates.
The main harm to Boyan consists in the fact that, as a manager of his own business, he needs his car because he travels a lot both within and outside the city. The removal of his car’s license plates made it impossible for him to perform his normal management functions of controlling the properties owned by his company, as a result of which his business suffered certain losses. This, in turn, caused Boyan to become nervous and have trouble sleeping.
Thus, the damages he suffered were indisputably proven during the proceedings, and the court upheld his claim for compensation.
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More interesting cases from the work of the law firm, can be found in the section “News”.
Sole proprietorship law firm company “Silvia Petkova” is the only in the country law firm, specializing in representation in cases for compensation for false positive drug tests.
Contact:
Working hours: Monday to Friday from 10:00 to 18:00.
Address: Sofia, 2 Tri Ushi St., floor 3
tel. 0885 47 77 57
email: office@petkovalegal.com
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