In TLC v. Baish, the OATH judge recommended reinstatement of a driver who was suspended on a misdemeanor assault charge. The police report alleged that the driver and the complainant “got into a verbal dispute about where his car was parked,” and the two got into a physical altercation which resulted in a laceration to the left side of complainant's face.
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.