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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Woman arrested for DWI charges cleared and now sueing Nassau County
Was arrested by a Hempstead officer for DWI. Picture posted on the Nassau county site.
Apparently her charges were cleared because she was a diabetic and had a diabetic attack.
She is now sueing.
What does everybody think? The story is on News12 TV now.
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Posted 9/12/08 7:20 PM  |
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DaniJude
You're My Home <3
Member since 11/06 14815 total posts
Name:
Danielle
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
I kinda figured she'd bring a suit against them.
This was posted about yesterday and I responded that it is a shame this happened. My brother's friend who is a cop said it is nearly impossible to tell a diabetic having an episode from a drunk person -- he encountered one himself and they were ALL over the road.
He pulled the person over, gave them a test which came up 0 -- realized it was diabetes and took them to the hospital - they were not arrested but did state that they should be more responsible with their diabetes management.
Anywho, I stated yesterday that it is a shame but errors happen -- out of 1,000 people there was one person that we know of they made a mistake with. They did print a retraction in the paper and issue a statement saying it was an error.
I still believe in the wall of shame - I believe we need to have some consequences for these drunk drivers - and, of course, no system is perfect and flawless and she happens to be that one person who had this happen to her - it is unfortunate.
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| Posted 9/12/08 7:24 PM |
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Stacey1403
Where it all began....
Member since 5/05 24065 total posts
Name:
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Re: Woman arrested for DWI charges cleared and now suing Nassau County
I don't think she should sue, I am also a diabetic.
ETA: If you are going to get behind the wheel of a car, you better make sure your diabetes is under control. I can tell before I have an "episode" that it is going to happen. It is enough time to pull over.
Message edited 9/12/2008 7:30:03 PM.
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| Posted 9/12/08 7:26 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
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me
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Since everyone is innocent until proven guilty (as stated in "fine print" on the website the pics are posted), I am against it.
If someone see the need to post them, they should at least post the pics AFTER they are found guilty.
It's a total diffamation of character if you are a victim like her.
There was absolutely NO REASON to post her pic as a DWI.
Yes, she was a danger on the road regardless but not a drunk. I can understand why she is sueing! The post were to deter drunk driving. She was not drunk.
Even then, the pics should only be done when proven guilty.
Like I posted on another thread, I am surprised civil right attorneys are not all over the whole concept.
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| Posted 9/12/08 7:33 PM |
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sunnygirl
loving life
Member since 1/07 5413 total posts
Name:
D
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
this is why i personally don't agree with the posting of the pictures
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| Posted 9/12/08 7:38 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
I said previously I was against the posting of the pictures solely on the fact that these people were not proven guilty. It's defamation of character in it's most literal form.
I even said somebody's picture will get posted wrongfully and people will sue if this would ever happen.
Here is a post of mine from 6/17/08
Posted by ave1024
True and I agree that 99% of people are guilty. But what about that 1%? What about that .0001%?
I can guarantee you one thing. If I was ever pulled over and a cop's breathalizer malfunctioned and mis-read me, and I was later found innocent in a court of law, I would be sueing everybody for defamation of character. I'd sue the NCPD as a whole, the cop that arrested me, the county of Nassau, the Newsday and whatever media outlet posted the picture, everybody.
And i'd win too.
I was pretty much on point, except this woman is sueing the Village of Hempstead (where the cop works).
Why can't we have a wall of shame for people that are CONVICTED of DWI? I think this is very arrogant and cavalier of Nassau County. Who is going to pay out these lawsuits? I know who. The taxpayers in the end which sucks because my property taxes are high enough.
I sure hope this doesn't continue to happen.
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| Posted 9/12/08 7:45 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
what if someone is arrested and led away in cuffs, and TV camera crews are there capturing it.... then this said person is found innocent.
does he/she have a right to sue?
Message edited 9/12/2008 8:02:32 PM.
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| Posted 9/12/08 8:02 PM |
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
I am not sure how I feel about her filing suit but I think it is true that some of these cops do not give people a chance to explain anything and do not observe the person. A diabetic having either high or low sugar may drive like a drunk person but their up close appearance and even their smell would be entirely different. If the cop did not help her to get what she needed, that's an additional issue. As an attorney and the wife of a diabetic, that would be an important issue to me.
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| Posted 9/12/08 8:53 PM |
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wannabemom
look who's freshly baked!
Member since 12/07 7364 total posts
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aka marriedinportjeff
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
yeah, I also disagree with posting those pics prior to convictions.... honestly, the county is setting itself up for more lawsuits.
I also agree with the OP, that the woman likely should have managed her diabetes better. She could kill herself or others!
Then again, there are many more people on prescription meds driving around 'high'.... I think overall, physicians really have to stress to patients their limitations due to medical conditions and meds....
I once was on dizzying meds for an extended period of time, and avoided driving the entire time.......
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| Posted 9/12/08 9:02 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by SweetestOfPeas
what if someone is arrested and led away in cuffs, and TV camera crews are there capturing it.... then this said person is found innocent.
does he/she have a right to sue?
For me, the difference is the intent. The Wall of Shame was started to humilate people arrested for drunk driving (which could be considered a form of punishment) and hoping it would deter other people from driving while under the influence.
Although this woman was not driving under the influence, I think it was reckless to get behind the wheel if her diabetes was not under control.
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| Posted 9/12/08 9:07 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by SweetestOfPeas
what if someone is arrested and led away in cuffs, and TV camera crews are there capturing it.... then this said person is found innocent.
does he/she have a right to sue?
Yes if she was wrongfully arrested.
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| Posted 9/12/08 9:08 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by ave1024
Posted by SweetestOfPeas
what if someone is arrested and led away in cuffs, and TV camera crews are there capturing it.... then this said person is found innocent.
does he/she have a right to sue?
Yes if she was wrongfully arrested.
so who does he/she sue? the TV station that aired the footage, the cops who executed the arrest, or both?
and furthermore, can this even be done?
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| Posted 9/12/08 9:10 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by Christine
For me, the difference is the intent. The Wall of Shame was started to humilate people arrested for drunk driving (which could be considered a form of punishment) and hoping it would deter other people from driving while under the influence.
Yes it's all about intent. It's very obvious Nassau County is being cavalier about this. They are totally throwing out the "innocent until proven guilty" theory.
This woman has a major point. This is total humiliation. What do you think all her friends thought when she saw her picture on there?
And just because the charges were dropped, that doesn't mean the humiliation ends for her.
People on this website have posted pictures of the people on the Wall Of Shame poking fun at them. What if this woman's picture gets posted on other websites?
The humiliation doesn't end just because Nassau County dropped the charges.
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| Posted 9/12/08 9:12 PM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by SweetestOfPeas
so who does he/she sue? the TV station that aired the footage, the cops who executed the arrest, or both?
and furthermore, can this even be done?
She sues the village of Hempstead for the wrongful arrest.
And yes it can be done and this woman will win her lawsuit. Most likely with the county settling.
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| Posted 9/12/08 9:13 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by ave1024
Posted by SweetestOfPeas
so who does he/she sue? the TV station that aired the footage, the cops who executed the arrest, or both?
and furthermore, can this even be done?
She sues the village of Hempstead for the wrongful arrest.
And yes it can be done and this woman will win her lawsuit. Most likely with the county settling.
I guess we'll see
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| Posted 9/12/08 9:15 PM |
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mcl916
my two loves
Member since 10/06 5133 total posts
Name:
Megan
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by smdl
Since everyone is innocent until proven guilty (as stated in "fine print" on the website the pics are posted), I am against it.
If someone see the need to post them, they should at least post the pics AFTER they are found guilty.
It's a total diffamation of character if you are a victim like her.
There was absolutely NO REASON to post her pic as a DWI.
Yes, she was a danger on the road regardless but not a drunk. I can understand why she is sueing! The post were to deter drunk driving. She was not drunk.
Even then, the pics should only be done when proven guilty.
Like I posted on another thread, I am surprised civil right attorneys are not all over the whole concept.
ITA. I am all for the wall of shame, but why can't it wait until AFTER the person is actually convicted?? What happened to innocent until proven gulity? Trust me, I'm sure 99% of these people are guilty, but that doesn't make this whole concept right.
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| Posted 9/12/08 9:19 PM |
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mommy2Alex
3 babies for me :)
Member since 5/05 6683 total posts
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
 IMO, Another example of a friviolous lawsuit She probably is suing for millions of $$$ too. How much pain and suffering did she actually go through? I have little sympathy for this woman and her supposed plight.
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| Posted 9/13/08 9:43 AM |
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Goobster
:)
Member since 5/07 27557 total posts
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:)
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by mommy2Alex
IMO, Another example of a friviolous lawsuit She probably is suing for millions of $$$ too. How much pain and suffering did she actually go through? I have little sympathy for this woman and her supposed plight.
(serious, not snarky ?) You really don't think the entire county thinking you drove drunk can cause pain and suffering, esp when you have medical issues that complicate your life enough as it is? And how is she supposed to now get the word out to people that it wasn't accurate, to clear her name? I personally think she has every right to sue and she should and she should win. I don't find it a frivolous lawsuit at all. It can be hard to recover and get your good name back after something like that.
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| Posted 9/13/08 11:07 AM |
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by Goobster
Posted by mommy2Alex
IMO, Another example of a friviolous lawsuit She probably is suing for millions of $$$ too. How much pain and suffering did she actually go through? I have little sympathy for this woman and her supposed plight.
(serious, not snarky ?) You really don't think the entire county thinking you drove drunk can cause pain and suffering, esp when you have medical issues that complicate your life enough as it is? And how is she supposed to now get the word out to people that it wasn't accurate, to clear her name? I personally think she has every right to sue and she should and she should win. I don't find it a frivolous lawsuit at all. It can be hard to recover and get your good name back after something like that.
I agree..I wouod also sue if it were me, but then again my job would be in jepordy.....As far as "getting her medical condition under control" That p*sses me off......I know MANY MANY MANY people who do very well at controlling it and then they get a common cold and their sugar drops to 30 with out them having time to fix it. I have no tolorence for people who A S S U M E people are guilty of something even before they get a chance to make a decision. I work in EMS and I have seen this so many times and it is horrible.
Message edited 9/13/2008 11:25:52 AM.
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| Posted 9/13/08 11:25 AM |
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Goobster
:)
Member since 5/07 27557 total posts
Name:
:)
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by medic6809
Posted by Goobster
Posted by mommy2Alex
IMO, Another example of a friviolous lawsuit She probably is suing for millions of $$$ too. How much pain and suffering did she actually go through? I have little sympathy for this woman and her supposed plight.
(serious, not snarky ?) You really don't think the entire county thinking you drove drunk can cause pain and suffering, esp when you have medical issues that complicate your life enough as it is? And how is she supposed to now get the word out to people that it wasn't accurate, to clear her name? I personally think she has every right to sue and she should and she should win. I don't find it a frivolous lawsuit at all. It can be hard to recover and get your good name back after something like that.
I agree..I wouod also sue if it were me, but then again my job would be in jepordy.....As far as "getting her medical condition under control" That p*sses me off......I know MANY MANY MANY people who do very well at controlling it and then they get a common cold and their sugar drops to 30 with out them having time to fix it. I have no tolorence for people who A S S U M E people are guilty of something even before they get a chance to make a decision. I work in EMS and I have seen this so many times and it is horrible.
I think you bring up a good point with this. I don't think everyone can control their medical conditions at every minute, even if they try.
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| Posted 9/13/08 11:34 AM |
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banda61007
LIF Infant
Member since 7/07 296 total posts
Name:
Bonnie
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
People arrested for DWI should at the VERY least have to fail a breathalyzer before their picture gets posted on this Wall of Shame. I'd be pretty interested to see an effectiveness study on the wall of shame. Has there been a marked decrease in DWI arrests since they started? (I am asking, I have no clue). It doesn't seem to me that someone who isn't deterred from driving drunk by the thought of killing themself or others or jail time would be deterred by having their face posted on a website... but again, I'd be curious to see if it is working.
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| Posted 9/13/08 11:44 AM |
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MsMBV
:P
Member since 5/05 28602 total posts
Name:
Me
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by smdl
Since everyone is innocent until proven guilty (as stated in "fine print" on the website the pics are posted), I am against it.
If someone see the need to post them, they should at least post the pics AFTER they are found guilty.
It's a total diffamation of character if you are a victim like her.
There was absolutely NO REASON to post her pic as a DWI.
Yes, she was a danger on the road regardless but not a drunk. I can understand why she is sueing! The post were to deter drunk driving. She was not drunk.
Even then, the pics should only be done when proven guilty.
Like I posted on another thread, I am surprised civil right attorneys are not all over the whole concept.
ITA. This is my biggest problem with the Wall of Shame. I mean I think that it is good as a deterrent or for public info, but when people see it I think they IMMEDIATELY think guilt.
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| Posted 9/13/08 11:54 AM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
I am sooo sick of people suing for nonsense. Yes, her picture was posted in error. So what?? Ever single day people are arrested. That is a fact. Posting a photo to show who has been arrested is just that . . . a photo saying this person was arrested.
Look at it this way . . .
Those Duke athletes accused of awful crimes had their photos splashed across the newspapers all over the country. Were they guilty? They were accused of a crime and arrested for it. I don't see them suing because their photos were printed.
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| Posted 9/13/08 11:58 AM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by mcl916
Posted by smdl
Since everyone is innocent until proven guilty (as stated in "fine print" on the website the pics are posted), I am against it.
If someone see the need to post them, they should at least post the pics AFTER they are found guilty.
It's a total diffamation of character if you are a victim like her.
There was absolutely NO REASON to post her pic as a DWI.
Yes, she was a danger on the road regardless but not a drunk. I can understand why she is sueing! The post were to deter drunk driving. She was not drunk.
Even then, the pics should only be done when proven guilty.
Like I posted on another thread, I am surprised civil right attorneys are not all over the whole concept.
ITA. I am all for the wall of shame, but why can't it wait until AFTER the person is actually convicted?? What happened to innocent until proven gulity? Trust me, I'm sure 99% of these people are guilty, but that doesn't make this whole concept right.
Why should it wait until after conviction?? I realize that the people whose names I am about to list were all ultimately convicted, but every single one of them had their picture splashed across newspapers coast to coast before being convicted:
Ted Bundy
David Berkowitz
Charles Manson
locally, how about Robert Chambers, Bernie Goetz, Matthew Solomon, Jospeh Porto, and lets not forget Marty Tankleff - who had his conviction overturned.
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| Posted 9/13/08 12:06 PM |
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mommy2Alex
3 babies for me :)
Member since 5/05 6683 total posts
Name:
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Re: Woman arrested for DWI charges cleared and now sueing Nassau County
Posted by Goobster
Posted by mommy2Alex
IMO, Another example of a friviolous lawsuit She probably is suing for millions of $$$ too. How much pain and suffering did she actually go through? I have little sympathy for this woman and her supposed plight.
(serious, not snarky ?) You really don't think the entire county thinking you drove drunk can cause pain and suffering, esp when you have medical issues that complicate your life enough as it is? And how is she supposed to now get the word out to people that it wasn't accurate, to clear her name? I personally think she has every right to sue and she should and she should win. I don't find it a frivolous lawsuit at all. It can be hard to recover and get your good name back after something like that.
Seriously, I don't believe she deserve 1 million dollars for this. A small settlemment (a few thousand $$), maybe but IMO it is a frivolous suit.
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| Posted 9/13/08 12:25 PM |
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