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When Andrea Sangermano crashed into two cars on Long Island one night last May, she assured the arresting officers she wasn't drunk or high. And even though she could barely stand up, her breath test registered a blood-alcohol level of .00 percent. Only later did it occur to her to inform the cops that her behavior might have something to do with her being a diabetic in need of insulin. But that didn't stop Nassau County from publishing Sangermano's name and mug shot on their "Wall of Shame" of DWI arrests, where she stayed until yesterday, when a judge dismissed her charges. (The mug shots were also published on Newsday's website.) A spokesman for the county executive apologized but insisted "this is the first time" a defendant has been wrongly placed on the wall of suspects, who are publicly humiliated until proven ugly guilty.
Oops! Cops Erroneously Put Woman on DWI "Wall of Shame"
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Lawsuit hilarity in 3...2...
The Wall of Shame displays the faces of people who have been arrested, not necessarily of those who are guilty. If it is legal and ethical to display the face of someone who has been merely charged with a crime, then it doesn't matter that Andrea Sangermano was not guilty; the punishment is for being arrested, not for being convicted of a crime.
Why should a person be "punished" (and publicly humiliated) for being arrested? As was subsequently ruled here, this person committed no crime.
And all these people were considered guilty in the eyes of the news media, who had a feeding frenzy plastering these pictures all over the newspapers and nightly news.
The original critics of the "Wall of Shame" were spot on.
Hey, who needs due process when all we really hunger for is the next media-fueled moral panic?
Y'know, if they called it the "Wall of Shiny Things" the site would get more hits.
So, when are the ashamed editors of Newsday going to put their photos on the Wall Of Shame?
I'm still in favor of the concept. This seems like a rare case, and she can sue for damages.
I'm not even sure I feel any sympathy for her. Was she aware that she could have those symptoms before she got in the car? Has it ever happened to her before? Did she realize she was having health issues while driving? Just because you have a disease doesn't excuse you of acting negligently. If she put other people's lives at risk by getting in that car, then she should be ashamed. Whether she was drunk or not.
"I'm still in favor of the concept."
In favor of the concept of publicly shaming huge numbers of people who have not been convicted of anything and who haven't been proven to have done anything wrong?
Even if you are for shaming DWI perpetrators, what, exactly, is the benefit of publishing their mugs BEFORE they have been convicted of anything? Have a wall of shame for convicted DWI drivers.
This is awful both on the part of the police and on the part of the media who eagerly gave this publicity.
To #6:
I'm a type 1 diabetic and from the sounds of this story and my own experiences, this woman was most likely suffering a low blood sugar and needed juice immediately to raise her blood sugar - not insulin. Low blood sugars can come on suddenly and unexpectedly while driving and symptoms include weakness, disorientation and fainting. Many adults who have had type 1 diabetes for many years have become immune to the symptoms, called hypoglycemia unawareness. While some people can "feel" their blood sugar dropping and pull over, I would not be surprised if this woman didn't realize her blood sugar was dropping until it was too late. It's very sad that this happens and luckily no one got hurt. But just because she suffered a low blood sugar while driving does not necessarily mean it was her fault. Her blood sugar could have been perfectly fine when she started driving, but there is no way to know what will happen to your blood sugar while you are driving.
but there is no way to know what will happen to your blood sugar while you are driving.
I guess that might be his point. If you know you're susceptible to "spells," no matter what causes them, then maybe it's not a good idea to insist on operating heavy machinery. I sure wouldn't trust myself to do anything that might endanger others if I had such a weakness.
In favor of the concept of publicly shaming huge numbers of people who have not been convicted of anything and who haven't been proven to have done anything wrong?
Like I said, this was a rare case. The possible deterrent effect far outweighs the risk that you will put up someone truly innocent. And when that happens, that's what lawsuits are for. I'm definitely not convinced this lady was truly innocent, however.
I guess that might be his point. If you know you're susceptible to "spells," no matter what causes them, then maybe it's not a good idea to insist on operating heavy machinery. I sure wouldn't trust myself to do anything that might endanger others if I had such a weakness.
That's exactly my point. If I was on this lady's jury, I doubt I'd award her more than nominal (miniscule) damages.
_That's exactly my point. If I was on this lady's jury, I doubt I'd award her more than nominal (miniscule) damages._
I don't know if I'm in favor of barring diabetics from the driver's seat. Why not those ? Or those at risk of stroke? Hell I've almost taken people out during a violent sneeze. We all take a certain risk when getting on the road. Unless someone is very physically impaired or at HIGH risk of losing control, then just deal with it.