News and Notes

Driver Who was Defending Himself Reinstated

Posted by Daniel Ackman | Oct 06, 2021 | 0 Comments

In Taxi & Limousine Comm’n v. ShukurovOATH Index No. 279/22 (Aug. 25, 2021), adopted, Comm'r Dec. (Aug. 26, 2021), appended, the TLC  suspended the driver's license based on his arrest for assault in the third degree, a misdemeanor 

The OATH ALJ recommended reinstatement and the TLC agreed based on the driver's testimony that the complaining witness, who had romantice designs on the driver's daughter, entered his home without permission, was drunk and instigated a fight. That altercation led to the arrest. The OATH ALJ concluded: 

"Here, [the TLC] suspended ... [the TLC license] based on the pending criminal charges. Even presuming the criminal charges are true, as required by [TLC] rules, there are several factors that weigh in respondent's favor. First, the reports are sparse in their description of the incident, indicating nothing other than [the driver] punched the complainant. Second, there is no evidence that the C.V. required medical attention, suggesting that any alleged injury was minor. Further, [the driver] provided clear and consistent testimony regarding the incident that led to those charges, explaining that he acted in self-defense. [The driver] also has no prior arrest or criminal convictions and has a high Uber rating. TLC presented no evidence that respondent has ever engaged in improper behavior towards a customer. Therefore, under the circumstances here, [the TLC] failed to prove that [the driver] poses a continuing direct and substantial threat to public health or safety. Instead, the pending criminal charges, the sole alleged infraction in an otherwise spotless record, appear to stem from an isolated dispute with his daughter's former boyfriend. Accordingly, [the driver's] license suspension should be lifted."

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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