Father arrested when trying to help his kids is reinstated.

Exceptionally good TLC record overwhelms aberrational charge

Posted by Daniel Ackman | Nov 30, 2021 | 0 Comments

In TLC v. Khan, the driver was suspended based an arrest for assault in the second degree and acting in a manner injurious to a child less than seventeen. The criminal charges were later amended to misdemeanor assault charges, acting in a manner injurious to a child, harassment, and menacing. While some of these charges are felonies, ALJ Lee nevertheless recommended reinstatement.

The driver represented himself, apparently quite ably. The ALJ report noted that the driver is a doctor in veterinary medicine— a first as fat as I know!-- who immigrated from Pakistan and is currently studying for a master's degree in veterinary science. He had been a TLC-licensed driver for over four years driving for Uber and Lyft with near perfect ratings from passengers.

The driver denied all the allegations and claimed that the incident arose out of an argument with his wife who thought he was cheating on her.

The driver provided clear testimony explaining the nature of the argument that led to his wife filing a police report against him and proffered testimony from a family friend and character witness, who described respondent as an educated man devoted to his family.

The driver had no prior arrests or convictions and that as a licensed driver, he has received high ratings for over ten thousand rides spanning a period of four and half years. Conversely, there is no evidence to show that respondent engaged in improper behavior towards a customer or that he has any driving violations, suspensions, or accidents or evidence that would pose a threat to the public.

Instead, the pending criminal charges appears to be an isolated domestic incident supported by the fact that the respondent drove for hire without incident during the approximate two months that lapsed between the date of the incident in August and the arrest in October. The ALJ concluded, “Where a driver has no prior arrests and an exceptionally good TLC record, this tends to show that the pending charge stemmed from an isolated and aberrational incident, lessening any risk to the public.”

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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