In Taxi & Limousine Comm'n v. Zagre, a driver was arrested after being accused of assault by a passenger and was then suspended by the TLC. This kind of scenario seems to be the worst for a driver. Still, OATH recommended reinstatement based on credible evidence showing that it was the driver who...
The TLC has announced it will stop testing drivers for marijuana. Why now? Because pot is now legal in New York State. But why did it ever test for the drug in the first place? It's well known that the residue of the drug can stay in a user's system for weeks. So if a driver fails an annual test, that result does not show or even suggest that the driver was ever intoxicate while on duty. Meanwhile, the number of drivers who have been found to be under the influence while on duty is pretty close to zero.
The real motivation for testing for pot likely comes from a TLC commissioner wanting to play soldier in the war on drugs. Now they are stopping. It's not that the effects of marijuana has changed-- not at all. It's just that the leaders on the drug wars have changed tactics.
The result of testing has been that over the years many safe drivers have had their licenses revoked for testing positive. Meanwhile, the TLC has never tested for alcohol even though booze has always cause way more accidents than pot. The move away from testing for marijuana exposes the regime for what it was.
The Law Office of Daniel Ackman has had some success suing over drug testing in Rothenberg v. Daus and Ashraf v. Laboratory Corporation of America. If your license was revoked due to a positive drug test, maybe we can help.