A twelfth-grader with 28 implants in his spine was detained in custody because of a positive field drug test, which later turned out to be false. Pavel Karadzhov is suffering all the humiliation because of yet another mistake in the field drug tests. However, the court returns his driver's license even before the results of the blood test are out, as it assumes that the consequences of the measure would be disproportionately severe.
"On February 9 last month, they stopped me for a routine check and decided to do a drug test. It came back positive for cocaine," Pavel told Nova TV.
According to him, the test was open to him - as is required by statute and law. The young man is adamant that he has never used drugs. "I was detained for 24 hours. They gave me a bottle of water and 2 croissants, even though I told them about my condition. But they didn't take it into account", he explained.
After his release from custody, lawyer Irina Markova from Pernik managed to convince the court to stop the preliminary execution of the measure to revoke the license. The court returned the driving license even before the results of the blood test were available.
But the story does not end there. "The police stopped me again in Pernik two days after they returned my license. They started an investigation. I explained the case to them because my name was in the system. They asked me if I was using or distributing drugs. I replied: "According to your tests - I am using". They decided to give me a new test. They opened it in front of me, but asked me to go back to my car until the result came out. I refused because I said I no longer had confidence. The result came out negative," explained Pavel.
Meanwhile, the Administrative Court in Pernik ruled that the measure was excessive and returned the license, since guilt had not been proven. There was also a decree to terminate the pre-trial proceedings - that is, Pavel is completely innocent.
The young man said that "he drives with fear because he was stopped every day for a week after he got his license the second time".
Pavel's mother said that she was in shock when she found out about what happened. "But I was categorical that if his innocence is proven, they will seek their rights to the end", she pointed out.
Attorney Markova explained that the court referred to the presumption of innocence and the risk of serious harm when a driver's license is revoked without proven guilt. "When there are prerequisites for revoking the license by virtue of the order, it is possible that the addressee will be caused significant or difficult to repair harm. In such cases, the citizen may request a suspension of the execution of the act. In this regard, I would like to note that the Administrative Court - Pernik already has an established practice in which the court orders a suspension of the preliminary execution of this coercive measure when the result of the drug test, as in Pavel's case, is disputed, blood has been given for medical examination and an expert examination is awaited," the defense attorney emphasized.