CAPE CORAL, Fla. - A 72-year-old charged with DUI isn't done fighting the city for being wrongfully accused.

State prosecutors have dropped the charges against the man, but he's still not happy.

Vincent Tallo was charged with DUI in September, and he said he was completely sober.

Even though he proved Cape Coral police wrong - it's still on his record.

"My biggest concern right now is that I have a DUI on my record."

Even though the charge has been dropped, 72-year-old Vincent Tallo isn't out of the woods yet.

"I never had any problems with the police in my past, but to treat me as they did, I question the police department in Cape Coral."

In September, Tallo was arrested for driving under the influence at a DUI checkpoint on Country Club Boulevard. After doing a field sobriety test, an officer said he was drunk.

"When the police officer told me he smelled moderate alcohol on me - it's a complete lie."

So he asked for a breathalyzer... and passed it. Then he took a urine test, but was given a ticket instead that said DUI pending urine. Then, Tallo said an officer accused him of taking some kind of drug.

"That was the final - I'll have no one to discredit me and dirty my name through drugs."

After further testing, the sample came back clean, so prosecutors dropped the case.

"I felt relieved, also very angry."

Cape Coral Police Chief Rob Petrovich was out of town but a spokesperson said Tallo's is a rare case, and the DUI checkpoints usually get the real drunk drivers off the road.

"The way I was treated as a common criminal is very, very disturbing to me."

So far, Tallo said he's spent thousands of dollars in legal fees and will probably end up spending more to get the DUI off his record.

Three weeks ago the city of Cape Coral paid to get another person's record cleared after he was wrongfully accused of driving under the influence.