Father arrested when trying to help his kids is reinstated.

ALJ Recommends Reinstatement Despite Felony Assault Arrest

Posted by Daniel Ackman | Mar 01, 2024 | 0 Comments

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 accident. But the driver prevailed because he credibly testified that he was actually the victim of an assault. Thus, when his taxi came into contact with complainant's bicycle, the driver was fleeing for safety. Almost equally as important as respondent's testimony and photographs, is his lack of contact with the criminal justice system, his flawless driving history, and the absence of passenger complaints over three decades as a licensee. In all respects, respondent's record was spotless, suggesting that his arrest was an aberration rather than evidence of a violent nature

About the Author

Daniel Ackman

D​​an Ackman focuses on civil rights, administrative and constitutional class action litigation. Perhaps best known for representing New York City's taxi drivers in a series of civil rights class action lawsuits, Ackman's cases have resulted in a half dozen City practices being declared unconstitutional.


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