OATH Hearings

Dan has a track record of success at the NYC Office of Administrative Trials and Hearings (OATH), both in fighting license suspensions and and trials where the TLC or other city agencies is seeking a fine, a suspension or even a revocation of a license. 

In OATH hearings, Dan has won reinstatement for suspended licensees. He has also won decisions denying penalties where a City agency is demanding revocation of a license.

For details about hearings based on summary suspensions of TLC license, click here.

Examples of decisions where Ackman won reinstatement for a suspended/arrested driver are detailed below:

*In TLC v. D.R., at the end of his trip, the passenger said she had no money to pay, but could get it from a friend inside his apartment. The driver let her go obtain the money, but the passenger left her phone behind. Exactly why she left the phone was in dispute.

When the passenger returned, she still had no money so the driver, following a TLC rule, drove to the nearest police precinct. The passenger held onto the car as the driver drove away--either for a few feet or 200 feet-- apparently injuring herself in the process. As the driver was reporting a crime for which she was the victim, she was herself arrested and originally charged with felony assault. The prosecutor, however, quickly dropped the assault charge, but replaced it with a felony robbery charge, premised on stealing the passenger's phone.  

The driver prevailed mainly because the entire theory of the crime was implausible .

* In TLC v. I.C., the OATH tribunal considered a suspension based on an arrest of a driver for or criminal mischief in the third degree and assault in the third degree, both misdemeanors. The arrest followed a spat between I.C. and her husband's mistress. The police, rather than take the driver into custody, issued a desk appearance ticket.  The Queens County District Attorney later reduced the charges to criminal mischief in the fourth degree and assault in the third degree, class A misdemeanors, and harassment in the second degree, a violation. Dan Ackman, I.C.'s lawyer, argued that the reduction in the charge and the fact that the police issued a DAT, combined with the drivers excellent record were string reasons to life the suspension.

The OATH judge agreed . He found that in contrast to the criminal complainant's sparse and inconsistent account, I.C. provided more detailed information. 

* In TLC v. A.S ., the driver was arrested for assault, criminal mischief and harassment. The OATH judge recommended reinstatement, however, despite the the serious nature of the allegations, Ackman pointed out serious discrepancies between the initial charges, the criminal court charges, and the arraignment charges. These disparities diminished the reliability and probative value of the details on the police reports and criminal complaint. The judge also noted the lack of nay injury suffered by the complaining witness and the driver's good record overall.

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Here are the primary ordinances and rules that govern taxi and for-hire vehicle drivers and suspensions.

New York City Administrative Code re the FHV Industry: The NYC ordinances governing the for-hire vehicle industry

TLC Driver Rules: Rules governing taxi and FHV drivers

TLC Adjudication Rules: Rules governing TLC hearings as well as suspensions and revocations of TLC licenses

OATH Rules: Office of Administrative Trials and Hearings Rules of PracticeOATH Rules

OATH also holds hearings on summonses that are issued by the following enforcement agencies.  The same principles apply at administrative hearings involving these agencies as they do at TLC/OATH hearings. 

NYC Department of Sanitation
NYC Department of Buildings
NYC Fire Department
NYC Department of Environmental Protection
NYC Department of Transportation
NYC Department of Parks and Recreation
NYC Department of Health and Mental Hygiene
NYC Department of Consumer Affairs
New York City Taxi and Limousine Commission
New York Police Department (NYPD)
Port Authority of New York and New Jersey
NYC Landmarks Preservation Commission
NYC Business Integrity Commission
NYC Department of Information Technology and Telecommunications (DoITT)
NYC Department of Finance
Mayor's Office of Special Enforcement 

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