In Taxi and Limousine Comm'n v. F.B., OATH Index No. 3086/23, the driver was arrested based on a complaint by his estranged wife. The charge was criminal obstruction of breathing, a misdemeanor. The wife alleged that she got into an argument with he husband when they met in front of their home (where the wife still lived). The wife told the police that he husband became frustrated with her and grabbed her neck and applied pressure. But the wife did not lose consciousness, admitted she was in no pain and sustained no injury. Dan Ackman represented the driver.
F.B. testified fully about the incident. He denied choking his wife. But he also testified that he and his wife have had an acrimonious relationship since their separation, mostly related to issues concerning their two small children, one who has autism. He added that on the day in question, his wife was with their children in her apartment. She telephoned respondent in the morning, and he heard their older child “crying” and “screaming.” She said that she could not control the children and needed respondent's help and asked him to come to the house. He said that he would come and bring their son's tablet, which he loves to play with, as well as a toy stroller. That was the only reason he was even at their former home.
OATH Judge Lewis recommended reinstatement. While OATH is required to assume the arrest charges are "true," the judge noted that the driver denied assaulting or choking his wife. The charges also involved off-duty misconduct, making any potential threat to the public less “direct. In addition, the police report noted that there was no visible injury and no pain. Nor was there any indication escalating violence or that the wife had previously filed domestic charges. Thus, "The undisputed evidence [was] that the driver had never been arrested before. That he was a good driver without any passenger complaints further suggests that this was an isolated incident in an otherwise law-abiding life.
Posted by Daniel Ackman | Mar 18, 2024 |
From 1972 until 2004, Bob Hurley enjoyed every success imaginable. Coach Hurley won more than 800 basketball games and 22 state championships, while besting 90% of his opponents at tiny St. Anthony High, a school without its own gym, and which can be found by making a hard left out of the Holland Tunnel in Jersey City, N.J.
Posted by Daniel Ackman | Mar 06, 2024 |
In Taxi & Limousine Comm'n v. Jean Louis, the ALJ recommended reinstatement after the an Uber driver was arrested after a domestic assault. The ALJ summarized the undisputed evidence as establishing that driver had never been arrested before; that there had been no record of prior assaultive beh...
Posted by Daniel Ackman | Mar 01, 2024 |
In TLC v. J.D., the OATH tribunal considered the case of a driver arrested for felony assault and for leaving the scene of an accident. This case seemed especially difficult since the alleged assault weapon was the taxi itself so the assault was on-duty as was the alleged leaving the scene of an ...
Posted by Daniel Ackman | Sep 30, 2023 |
On September 19, 2023, OATH Judge Gloade recommended reinstatement of a driver who had beed arrested and and charged with criminal obstruction of of breathing or or blood circulation (Penal (Penal Law section 121.11(a), 121.11(a), a class A misdemeanor).
The driver's wife had told the police tha...
Posted by Daniel Ackman | Jun 18, 2023 |
On Friday I represented Ismail B., an erstwhile restauranteur and currently a for-hire vehicle driver, at a hearing challenging the suspension of his Taxi and Limousine Commission license due to an arrest. The TLC orders theses suspensions mindlessly by rote, regardless of the driver's record and...
Posted by Daniel Ackman | Feb 10, 2023 |
At a summary suspension hearing, petitioner failed to establish that driver, who faces criminal charges for robbery in the second degree, criminal possession of stolen property, and leaving the scene of an incident, poses a continuing direct and substantial threat to public health or safety. Suspension of TLC Driver License should be lifted.
Posted by Daniel Ackman | Jan 25, 2023 |
TLC suspended taxi driver License following her arrest for an off-duty incident involving a spat between the driver and her husband's mistress, where the police issued her a desk appearance ticket. At a post-suspension hearing, evidence failed to show that respondent poses a continuing direct and substantial threat to public health or safety. Lifting of suspension recommended.
Posted by Daniel Ackman | Dec 13, 2022 |
David Meyer, writing in the New York Post, has first rate piece on our long-running, successful civil rights case over the NYC TLC's extraordinary and lawless suspension on arrest policy.
The article states: " The drivers' suspensions — which occurred between 2003 and 2020 — were ultimately res...
Posted by Daniel Ackman | Dec 13, 2022 |
I guess this is better than how Uber used to do business-- running roughshod over taxi laws and rules the world over. But now it is suing NYC for raising taxi fares-- apparently because it is required to pay its own drivers more in the bargain. In the lawsuit signed by Paul Weiss lawyers from thr...
Posted by Daniel Ackman | Nov 08, 2022 |
Westchester TLC claims the right to seize FHVs of innocent owners
Posted by Daniel Ackman | Mar 12, 2022 |
Court certifies a class action of drivers suspended on arrest
Posted by Daniel Ackman | Mar 07, 2022 |
Taxi drivers who were suspended based on an arrest win class action status.
Posted by Daniel Ackman | Mar 02, 2022 |
OATH judge recommends reinstatement of a driver who was suspended on a misdemeanor assault charge
Posted by Daniel Ackman | Feb 15, 2022 |
Judge and jury both reject Palin's lawsuit.
Posted by Daniel Ackman | Feb 15, 2022 |
Even minor domestic disputes can lead to arrests. While such charges rarely result in convictions, the TLC still routinely argues that drivers should remain suspended not just briefly, but for months while criminal charges are pending. Taxi & Limousine Comm'n v. Lei, OATH Index No. 790/22 (Nov. 1...
Posted by Daniel Ackman | Feb 15, 2022 |
In Taxi & Limousine Comm'n v. Anthony, OATH Index No. 715/22 (Nov. 22, 2021), an Uber driver was suspended after being arrested on a charge of criminal mischief, which sounds rather innocent, but is actually a low level felony. The charge arose from a dispute between housemates. One roommate dema...
Posted by Daniel Ackman | Jan 15, 2022 |
Driver reinstated despite strangulation charge.
Posted by Daniel Ackman | Jan 06, 2022 |
Uber surges the bill big time to rider stuck in traffic for 9 hours
Posted by Daniel Ackman | Dec 15, 2021 |
NYTWA wins debt relief for cabbies. The Nation explains how.
Posted by Daniel Ackman | Dec 03, 2021 |
ALJ urged reinstatement, concluding that the driver’s testimony was consistent, detailed and corroborated.
Posted by Daniel Ackman | Dec 02, 2021 |
Mosque Tussle Does Not Merit Suspension
Posted by Daniel Ackman | Dec 01, 2021 |
ALJ finds assault was an accident and true remorse
Posted by Daniel Ackman | Nov 30, 2021 |
OATH recommends reinstatement of cabbie who is also a veterinarian
Posted by Daniel Ackman | Nov 10, 2021 |
OATH judge recommended reinstatement following a suspension based on an arrest for a high level drug charge.
Posted by Daniel Ackman | Nov 04, 2021 |
Debt Deal helps medallion borrowers