In TLC v. Mamun, the driver was suspended based on an arrest for assault in the second degree, criminal possession of a weapon in the fourth degree, acting in a manner likely to injure a child, and menacing in the third degree. Though some of these charges are felonies, ALJ Garcia recommended reinstatement.
The driver explained that after an argument with his wife about his son's refusal to eat, he attempted to throw his dinner plate down to the floor. However, due to the greasy food on the plate, the plate slipped out of his hand. Instead, the plate hit his spouse, who had been standing nearby and facing away from him, on her back. The driver stated that his wife did not receive any medical treatment, that he had not meant to throw the plate and that he had never otherwise hit his wife.
ALJ Garcia credited the driver's explanation. The ALJ also noted the driver's detailed and persuasive testimony about the various lessons that he had learned from t workshops that he attended related to anger-management, parenting skills, and domestic violence issues.