After the controversy surrounding the arrest of an elderly Cape Coral resident on DUI suspicions, the Cape Coral Police Department is now under the microscope of public opinion. Recently, 72-year old Vincent Tallo entered a DUI checkpoint and submitted to both breath and urine tests. Both tests came back clean and free of alcohol or drugs. However, the Cape Coral Police arrested the elderly driver anyway.
The charges against Tallo have since been dropped, but there has been public outcry on how DUI checkpoints are administered. The Cape Coral Police Department has stated that checkpoints are generally held at the request of the State’s Attorney Office and/or pressure from the community. Depending on the type of checkpoint that is being held will determine who is pulled over. In the case of Vincent Tallo, officers asked every driver for their license, registration and proof of insurance. Florida State law does not require that the checkpoints be made public; however, the Cape will normally advertise the event in an effort for drivers to contemplate the consequences of drinking and driving.
There are more and more cases in the media where arrestees have been taken into custody when no laws have been broken by the alleged offender. Drivers are in fear of officers abusing their positions and unjustly violating the public’s constitutional rights. The Cape Coral Police Department is adamant that their officers have no such intention. Under normal circumstances if a driver appears impaired and passes a blood alcohol content test, a Drug Recognition Expert will be brought into the investigation to determine if further intoxication testing is necessary.
So much of an officer’s position is based on discretion. However, the authorities can come to inaccurate conclusions when acting in good faith. If you or a loved one has been charged with DUI, contact a knowledgeable attorney for assistance with your case. You are considered innocent until proven guilty in a Court of law.