In TLC v I.C., the OATH tribunal considered a suspension based on an arrest of a driver for or criminal mischief in the third degree and assault in the third degree, both misdemeanors. The arrest followed a spat between I.C. and her husband's mistress. The police, rather than take the driver into custody, issued a desk appearance ticket. The Queens County District Attorney later reduced the charges to criminal mischief in the fourth degree and assault in the third degree, class A misdemeanors, and harassment in the second degree, a violation. Dan Ackman, I.C.'s lawyer, argued that the reduction in the charge and the fact that the police issued a DAT, combined with the drivers excellent record were string reasons to life the suspension.
The OATH judge agreed. He found that in contrast to the criminal complainant's sparse and inconsistent account, I.C. provided more detailed information. Judge Casey wrote: "[I.C.] impressed me as a credible witness. Without hesitation, she gave clear, straightforward answers to every question posed to her. Respondent acknowledged that she was, understandably, upset when she approached the complainant, they exchanged words, and they engaged in a struggle. I credited respondent's testimony that the complainant was the first to use force. Even assuming, as petitioner's rules require, that respondent committed an assault, there was no evidence that any weapon was used or that the complainant received any serious injuries. There was no indication that the complainant saw any doctor or sought any treatment."
The judge concluded: The evidence established that this was an off-duty incident stemming from an affair between the complainant and respondent's husband. There is a nexus between an off-duty assault and a licensee's activities because petitioner expects licensees to deal with stressful circumstances and treat people with respect. However, this appears to be an isolated incident in an otherwise law-abiding life." Thus he recommended reinstatement.