Father arrested when trying to help his kids is reinstated.

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.

WSJ Article: The King and Prince of High-School Hoops

Posted by Daniel Ackman | Mar 18, 2024 | 0 Comments

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.

Driver reinstated after arrest based on domestic incident

Posted by Daniel Ackman | Mar 06, 2024 | 0 Comments

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...

Call Him Ismail

Posted by Daniel Ackman | Jun 18, 2023 | 0 Comments

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...

Driver Reinstated Despite On-Duty Felony Charge

Posted by Daniel Ackman | Feb 10, 2023 | 0 Comments

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.

Driver arrested after tussle with husband's mistress is reinstated

Posted by Daniel Ackman | Jan 25, 2023 | 0 Comments

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.

Uber Cries Crocodile Tears over NYC Fare Hike

Posted by Daniel Ackman | Dec 13, 2022 | 0 Comments

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...

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