Every since May 23, Andrea Sangermano's life has been turned upside down. That's when she was arrested for "driving while abilities impaired" (DWAI) even though a breathalyzer confirmed she had no alcohol in her system and the results of a urine test later confirmed she had no illegal drugs in her system. An accident she was involved in while driving came as a result of a diabetic seizure.

Although Sangermano was later acquitted of charges, the damage caused by an initiative by Nassau County Executive Tom Suozzi to publish the mug shot photos of those arrested for drinking while intoxicated (DWI) and drinking while abilities impaired (DWAI) still lingers. Sangermano's mug shot, for over three months, lingered over the Internet on Nassau County's website and Newsday's website on what has become known as the "Wall of Shame."

Sangermano found herself on the Wall of Shame even though she knew she did nothing wrong and has had to live with the embarrassment. Her criminal defense attorney, Elizabeth Kase of the Garden City law firm Kase & Druker, calls it a "cyber scarlet letter," and believes the Wall of Shame is a form of punishment for a person who has not been convicted of any crime.

"We are sending a message in Nassau County - if you've been drinking, and you decide to get behind the wheel of a car, we're going to arrest you," said Nassau County Executive Tom Suozzi shortly after the Wall of Shame began. "By putting the names and photos of those who break the law by driving drunk onto our 'Wall of Shame,' we're going to make sure that their friends, neighbors and families know about it."

The trouble in the case of Sangermano is that co-workers were able to view her mug shot and know that she was arrested even though she hadn't done anything illegal.

During a news conference announcing a lawsuit against Nassau County and the Village of Hempstead Police Department, Sangermano, 50, of Bellerose said her co-workers saw her on the Wall of Shame and knew it was a mistake. "Just knowing they saw me, it was humiliating," she said. "I did nothing wrong."

As of Sept. 11, Sangermano's photo has been taken down from websites including the county's and Newsday's that had published it. However, it was posted for months while Kase tried to clear her client's name.

Suozzi had announced the Wall of Shame initiative would begin with arrests over Memorial Day weekend. According to her civic attorney, Louis J. Cerrato of the Garden City law firm Frommer & Cerrato, Sangermano was arrested on May 23 after she got into a car accident. After the accident, she told the police officer who responded from the Village of Hempstead that she didn't know what happened. Sangermano had undergone a diabetic seizure since she suffers from diabetes, but was suspected of drinking. After submitting to a breathalyzer test in which there was no sign of alcohol found, she was arrested for driving while impaired by drugs.

Cerrato said Sangermano communicated that she suffered from diabetes, but was still arrested. A urine test that was administered at a hospital took six weeks for results to come back, clearing Sangermano.

Although proponents of the Wall of Shame maintain it serves as a deterrent to drinking and driving, Kase and Cerrato believe it is a form of punishment, one that is handed down from the county before a suspect is allowed due process.

Kase believes the Wall of Shame violates the Constitutional principle that someone is innocent until proven guilty. "There is a sanctity about that principle that has been completely tossed aside in this initiative," she said. "You are branding somebody and labeling someone when they have, vested in them, the presumption of innocent."

Although the case against Sangermano was dismissed, her photo remained on the Wall of Shame for over two months until it was recently removed. Cerrato said there was a news conference in which Suozzi apologized. "We feel very bad about it," Suozzi said.

However, there hasn't been an apology nor a notice that Sangermano was acquitted of all charges posted on the county's website or the Nassau County District Attorney's website. The county has continued posting the names and photos of those arrested for drinking and driving on its website with the simple disclaimer, "All are presumed innocent unless proven guilty."

Cerrato said he filed two notices of claim, one against the Village of Hempstead Police Department for false arrest, false prosecution and false imprisonment and one against Nassau County for defamation of character.

"The Internet is a permanent record. It's an indelible fingerprint," said Cerrato. "Even if they take the site down, you can still access the page through some archive or some link."

Cerrato suggested perhaps publicizing convictions as opposed to arrests so suspects have a chance to defend themselves first. He also pointed out that although there is a Wall of Shame for those accused of drinking and driving, there is no wall for public officials accused and convicted of crimes.

There are no police photos of those convicted in the Town of North Hempstead building department scandal, for example, nor are there mug shots of school officials convicted of wrongdoing on the county's website.