John De Jong, 40, is seeking compensation after he was publicly shamed on December 13 for returning the the first positive roadside drug test during a police operation in Melbourne.

The truck driver was cleared nine days later when independent laboratory tests found no trace of illicit drugs in his saliva.

A writ for unspecified damages was filed in the Supreme Court of Victoria yesterday and Mr De Jong's lawyer, Katalin Blond, believes he has a strong case.

Mr De Jong said he decided to take legal action after Victoria Police failed to apologise for the bungle.

The father of two said he suffered ongoing distress as a result of the incident - which was widely reported in the media - and was frequently recognised by strangers and received harassing emails.

"I'm not a person who handles stress quite well ... and basically a couple of months after all this went down I was a different person, I was basically a nervous wreck," Mr De Jong told The Courier.

"For me I just think it's not going to be over until I've taken it as far as I possibly can."

Mr De Jong said the incident cost him financially and while he is seeking an undisclosed sum in damages, it is an apology that he wants most.

"The only thing I really wanted to get out of the whole thing from the word go is for someone from Victoria Police to stand up in front of the media and say `we got it wrong'.

" ... it's been playing on my mind ever since - my wife and my kids, it's had a big affect on us."

Ms Blond, of Slater and Gordon, said her client had a strong case because the police had "broadcast untruths" in front of the media.

"I think it's a serious case of defamation in terms of the damage upon him. We think his case against Victoria Police is strong," she said.

A Victoria Police spokesman declined to comment last night.