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Galluccio Loses 'Toothpaste' Appeal

BOSTON (AP) -- A former Massachusetts state senator who blamed failed alcohol tests on his toothpaste has lost his appeal of a judge's ruling to sentence him to a year in jail for violating his probation after leaving the scene of an accident.

After Anthony Galluccio pleaded guilty in a 2009 crash, he was sentenced to six months of home confinement and ordered to abstain from alcohol. But three days later, he tested positive for alcohol.

The Cambridge Democrat claimed the readings were the result of toothpastes that contain sorbitol, a sugar alcohol and artificial sweetener. A judge found he had violated his probation and ordered him to serve a year in jail.

Galluccio was paroled in July after serving about half his sentence.

On Monday, the Massachusetts Appeals Court upheld the decision to revoke Galluccio's probation.

(Copyright 2010 by The Associated Press. All Rights Reserved.)

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