In TLC v. Islam, the driver was suspended based on an arrest for assault in the second degree, though the charge was later reduced to assault in the third degree and harassment. ALJ Casey recommended reinstatement.
The driver, who had been licensed for 10 years, denied committing an assault and expressed remorse for being involved in the incident in his mosque where there has been a long-running feud between two groups, leading to a minor tussle. In another first, the same incident had led to the arrest and suspension of two other drivers, both of who were later reinstated after a hearing.
The ALJ said he was “particularly impressed by respondent's repeated and sincere expressions of remorse” and his genuinely mortification that he had been involved in this incident. Recurrence seems unlikely, the ALJ concluded, as the driver had never been arrested before, had never violated TLC rules, had never received a passenger complaint and had no traffic violations on his record.