According to court materials, during patrolling, police officers in Bayanaul district of Pavlodar district saw a car parked near the road. While examining documents, one of the workers noticed redness in the driver’s eyes. Suspecting drug intoxication, the driver was sent for investigation.
As mentioned in court, the paramedic of the hospital confirmed the suspicion of the police, and they presented the materials to the court, with that decision the driver was arrested and disqualified for seven years.
Later, the man was able to prove that he had not eaten anything forbidden. As it came out in court, during the medical examination he took urine tests three times. The first quick test showed one colored stripe, the second and third – one and a half. The paramedic thought all three tests were positive. The driver continued to deny alcohol and requested a laboratory test.
“The video tag recording shows that Zh. But it was rejected in such a situation, the actions of the police officers of the Bayanaul district were in serious violation of the requirements of the law, which led to an administrative case without foundation and illegally,” concluded the judicial panel of the regional court of Pavlodar.
After appealing the results of the medical examination, the man said he was detained when he was returning home tired from a night’s travel, which explained the redness of his eyes.
“One colored stripe and the second with an incomplete color is considered a negative result, and the condition of the person being examined should be qualified as happiness,” explained the invited expert at the trial.
After confirming the illegality of the arrest and ending the administrative case, a resident of the Pavlodar district asked for compensation in the amount of 20 million tenge. The court granted part of his appeal.
“To recover from the Republican budget compensation for moral damage, material damage and costs for representative services in the total amount of 1.2 million tenge,” the court announced.
The court document became legally binding.
