Sunday, September 27, 2009

Another .000 DUI arrest

I've answered the question whether you should submit to any of the police officer's chemical tests here. I posted here about a minister who was charged with a DUI after submitting to breath testing with the results being .000 BAC. Now comes word of a man who was not driving poorly and still gets charged with a DUI despite a .000 BAC.


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.

They give a 72 year old man Field Sobriety Tests. What are they thinking? It seems to me this just reinforces my opinion that once the officer asks you out of the car you are going to be charged with a DUI. If that is true the only decision you have to make is how much do you want to help the police write the reports to prove the DUI case against you?


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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973