⚠️ Important warning for drivers: If you’ve been stopped for a check and haven’t consumed any narcotics, it’s crucial to demand a blood and urine sample for laboratory examination.
This will serve as your strongest defense against an unjustified application of a Compulsory Administrative Measure (CAM). Refusal of the lab test may lead to the automatic validation of the field test results and the loss of your right to defend yourself!
Imagine this: you’re driving as usual when suddenly you’re pulled over for a check. The officers perform a field drug test, which comes back positive – despite the fact that you haven’t consumed any illegal substances.
Understanding the issue:
When is a CAM unlawful?
A CAM is imposed according to Article 171, Para. 2a of the Road Traffic Act (RTA), when it’s established that a driver has operated a motor vehicle after consuming narcotics or their analogues. The key question here is how the consumption is proven.
According to Article 6, Para. 9 of Order No. 1 of 19.07.2017, this must be done through medical and chemical-toxicological laboratory examination. Field tests conducted on the spot are not sufficiently reliable and often produce false positive results.
The determining principle is as follows:
If you refuse to give a blood sample, the field test result will be considered final, and a CAM can be applied.
If you provide a sample for laboratory examination, the administrative body must await the conclusive results before imposing a CAM. If the measure is applied prior to receiving the lab results, it’s unlawful and can be appealed before the administrative court within a two-week period of its imposition.
Common violations in the application of a CAM:
The order isn’t motivated – no specific evidence of a violation is provided (Article 59, Para. 2 of the APA);
The laboratory results aren’t awaited;
The administrative body imposes the measure based only on the field test, despite the provision of lab samples.
What to do if you’ve had a CAM imposed?
✔ Don’t refuse the laboratory examination – This will give you the opportunity to contest the field test results.
Should you decline the lab exam, the field test result will stand.
✔ Consult a lawyer – Professional legal aid is key to successful appeal.
✔ Gather evidence – If you’re taking medication that could produce a false positive result, provide medical documents.
✔ Contest the order in court – If the measure is imposed before the lab results are out, it can be nullified.
How can I assist you?
If you’ve found yourself in a situation where an unjust CAM has been applied, don’t wait – defend your rights!
📞 Reach out for a consultation and professional legal advice.
📩 Send an online inquiry and I’ll guide you towards the best strategy for your case.
🚀 Protect your driving privileges – Don’t let an unjust sanction restrict your freedom!
Последни коментари