A Cape Coral man was officially charged with driving under the influence despite passing a breath test, but the case has now been dropped by prosecutors.

72-year-old Vincent Tallo was initially stopped while passing through a police operated checkpoint. While his breath test was negative for alcohol, he was charged because his urine test was positive for a tranquilizer substance. 20 other people were arrested that night at the checkpoint, which is very high for any checkpoint operation.

Tallo denied taking any drugs at all, including prescription drugs, prior to driving that day. The sample was sent to a state controlled lab for more tests. A spokesperson for the attorney's office has confirmed the second test came back negative.

These new findings mean the case has been dropped against Tallo, but this isn't exactly an instance of "no harm no foul." First, Tallo has left with the feeling he has been violated after being placed under arrest for what he believed to be a total lack of cause. 

Police say procedure was followed, and they maintain Tallo showed signs of impairment. His car was towed away from the checkpoint, resulting in a fee he had to pay himself, and his passenger was forced to walk about 2 miles home from that location.

Tallo says he is considering filing a law suit against the state for his unlawful arrest. There has been no lawsuit filed as of today.