New York's Unconstitutional DUI Wall of Shame

Posted on: September 15, 2008 at 11:12 a.m.

Nassau County New York's politicians have attempted a highly controversial tactic to deter DUI (known as DWI in New York). County Executive Thomas Suozzi has vowed to post mug shots of drunken driving defendants on the county's Web site. Hundreds of photos have been posted since the campaign began with arrests during Memorial Day weekend.

Those who are posted on the site have not been found guilty mind you, just arrested. After Labor Day of this year, the county added to its "Wall of Shame," announcing 97 more drunken driving arrests. To date, that effort has included the photos and names of about 1,000 people. Numerous lawsuits have been filed to fight this new rule, in part because of its lack of support from the Constitution, and in part because not all of the people on the "Wall of Shame" were even drunk when they were arrested.

For example, a woman was arrested May 23 by police in the Village of Hempstead and charged with driving while impaired by drugs. That was the first day of Nassau County Executive Thomas Suozzi's plan to publicize DUI arrests through an online Wall of Shame featuring mug shots of defendants.

A judge dismissed all charges against the woman after prosecutors conceded that the woman, who is diabetic, was suffering from a complication of low blood sugar called hypoglycemia unawareness when an officer noticed her driving erratically, including on the sidewalk.

The woman's lawyers said that they have filed a notice of claim against the county for defamation of character, libel and slander, and against the Village of Hempstead and its police department for false arrest, imprisonment and prosecution.

"You're not even shaming the right people," the attorney said. "In a sense, it's the system that is shamed because innocent people are getting caught up in it." The lawyers said there is little county officials could do to restore her good name. They noted that even though prosecutors confirmed in early July that she had not been drunk or high, her name and photo remained on the county Web site until Aug. 18.

Los Angeles criminal defense attorneys constantly battle against the stigma placed upon those who have been charged with a DUI, and when law enforcement uses a "shame tactic" as a deterrent, it usually ends up making matters worse, as is the case in New York.

Tagged as: violent crimes defense

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New York's Unconstitutional DUI Wall of Shame

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