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 that she and the driver had been drinking at their friend's house and when they left her husband was “very aggressive towards her.” After they arreived home, the wife said her husband dragged her on the bed and restrained her, “causing causing her to lose breath of air," air,” and to sustain " “red red markings to her neck"neck”. But she refused medical treatment.
Although criminal charges were pending against him, the driver elected to testify and and subjected himself to cross-examination. He denied the allegations contained in the narrative, but admitted that he and his wife had both been drinking. He said this was his first arrest and that he had been a TLC Licensee since 2016 and submitted printouts that show he he has has a a 5.00 rating on on both both Uber and Lyft rideshare platforms.
The OATH judge agreed that the driver should be reinstated noting that he credibly testified testified that that hhe and his wife had been drinking drinking before the the incident and they argued after she became intoxicated. Furthermore, his wife testified that she was aggravated, that she acted irrationally as they argued.
The complaint report indicated that there was no history of escalating violence or a previously filed domestic incident report and there were no injuries.