Cape Coral – A 72-year-old man says he passed a breathalyzer but was arrested for D.U.I. anyway.
Police say there were traces of some type of substance in his urine but Vincent Tallo says that’s impossible.
“I’ve served my country, my record is clean and this is how I’m treated,” said Vincent Tallo.
Tallo was arrested at a D.U.I. checkpoint on Friday.
He and friend Mary Debenedetta were on their way home after a night of dancing.
“I bought a bottle of beer and sipped that bottle for two hours,” said Tallo.
The couple pulled up to the checkpoint and was approached by an officer.
“He asked me–had I been drinking, I told him I had one beer,” said Tallo.
Tallo said he had to follow the officer’s finger with his eyes and do a few more field tests.
“He told me to stand on my right foot and put my hands at my side. He said, Sir, you are arrested for D.U.I.–I said what? I requested the breathalyzer,” said Tallo.
Tallo said a female officer gave him the breathalyzer test and he blew a .000.
The 72-year-old was taken to a portable bathroom and asked to urinate in a cup.
“They’re doing a urine test– I said this guys a health-nut he doesn’t even take an Advil ,” said passenger Debenedetta.
Cape Coral police tell us the test can show twelve different drug classifications.
They say something showed up in Tallo’s test but they have to wait until the results come back from the state before they know exactly what it is.
Tallo traffic citation says “D.U.I.–pending urine”. The couple is now fighting the charges.
“I want other people to not go through this ever,” said Debenedetta.
Tallo was issued a citation and notice to appeal for “DUI — Pending Urine — Checkpoint,” the documents state. Due to Tallo’s vehicle being towed, he and Debenedetta walked to Debenedetta’s house, more than two miles away. SA office declined to prosecute.
UPDATE: The city has paid out nearly $41,000 total in two separate lawsuits where the Cape Coral police were accused of false arrests at DUI checkpoints. The city settled earlier this month with Vincent Tallo and James Wilhelm. On July 13, the city agreed to a $22,000 settlement with Tallo, while on July 15, it entered into a $18,750 settlement agreement with Wilhelm, officials said.
When are enough people going to insist that these aberrations of the United States Constitution be abolished? These checkpoints are so despicable, I cannot even control my temper. We had one of these checkpoints in Sarasota county over the weekend and the Leos made 9 DUI arrests (all of their arrests in 2008 were thrown out of court because of police misconduct at the checkpoints) and wrote 207 citations. How is it possible to write 207 citations if you are just asking people if they are impaired? What is wrong with us?