The driver elected to testify, but as advised by his counsel not speak about circumstances surrounding the alleged incident. He testified that he has had his TLC license since 2014, and he has been driving for the same company, Empire CLS, a private chauffeured car service, since he first obtained his TLC license. He stated that driving for Empire CLS is his sole source of income. Respondent also submitted a letter of support written by his direct supervisor.

The OATH judge concluded that the unrefuted evidence demonstrated that this incident, even if true, was "the sole blemish in an otherwise spotless record and atypical of respondent's demonstrated lifelong history of law- abiding behavior." Thus the judge recommended reinstatement and the TLC chair agreed.