{"product_id":"vragen-67607-ik-ben-s-nachts-aangehouden-door-de-politie-en-middels-een-speekseltest-was-gebleken-dat-ik-drugs-g","title":"Compensation after police intervention?","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nI was stopped by the police at night and a saliva test showed that I had used drugs. I went to the station, my girlfriend who does not have a driver's license had to figure out how to get home, she was not allowed to go to the station with me, so I took a taxi from Utrecht to Vlaardingen. I had a blood test and was banned from driving for 24 hours. I also went home by taxi. Now it appears from the letter from the police that the blood test showed that no prohibited substances were found in my blood. And that there will therefore be no official report, which I already knew.\n Can I now file a claim for damages for costs incurred, etc. and if so, where and how can I do this?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Dear questioner,\n\n This is tricky. You are not eligible for compensation based on wrongful detention, because there was no provisional detention. The inconveniences of an investigation are inherent to the work of the police and we as citizens will sometimes have to accept them.\n \nVery annoying of course, and even more annoying in this case is the 24-hour driving ban. Was there sufficient reason for that? The saliva test (very) often gives an incorrect result, both ways, and it is therefore questionable whether an officer may conclude from the saliva test alone that you are not fit to drive a vehicle at that moment. What were the other circumstances? Did you commit an offence or was it a regular random check?\n\n You would have to prove that the officer's assessment (who must record this in a decision on the basis of Article 162 paragraph 2 of the Road Traffic Act) was incorrect, and even so incorrect that it would constitute an unlawful act.\n\n A first step in that direction would be to appeal against the driving ban. Under certain circumstances, you can also object to the driving ban even though it has already expired, provided that your case was not too long ago.\n\n All in all, unfortunately, there is no simple solution for something that has been bothering you so much.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004046262621,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-67607-ik-ben-s-nachts-aangehouden-door-de-politie-en-middels-een-speekseltest-was-gebleken-dat-ik-drugs-g","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}