The TLC suspends drivers licenses if they are arrested for any felony or even for many misdemeanors-- no questions asked. This policy is dubious, highly unusual policy and probably illegal. Worse, for many years, the so called summary suspension hearings that driver were allowed after a suspension were a complete sham. Not a single driver was reinstated through that process.
That situation, thankfully, has changed. Today, if you demand a hearing, you CAN win reinstatement. In fact, most drivers who have hearings do win. So if your TLC License was suspended, it makes sense to call us..
The reason that hearings are now somewhat fair is landmark decision in Nnebe v. Daus, a case brought by Dan Ackman, which resulted in a ruling declaring that many aspects of the TLC policy were unconstitutional. Thanks to that decision, a driver whose license is suspended based on an arrest can receive a meaningful hearing and a fair chance of reinstatement. If you want to read the decision, click here.
SUSPENSION ON ARREST FAQ:
Q. If I am arrested, can the TLC suspend my license?
A. Unfortunately, the TLC can do so and will do so regardless of whether the arrest has anything to do with driving a taxi or for-hire vehicle and regardless of whether you have a spotless record.
Q. What is the next step?
In the same e-mail or letter that informs you of the suspension, you will be offered the right to a prompt post-suspension hearing before a neutral judge. (The judge works for OATH, a separate city agency, not the TLC. To obtain reinstatement, you should demand a hearing ASAP.
Q. Do I need a lawyer to represent me at the hearing?
A. You don't need one, but it's highly advisable. You could ask your criminal lawyer, if you have one. You could call any other lawyer who you know and trust. Or you could call me at 917-282-8178. I have an excellent record of achieving reinstatement.
Q. What happens next?
A. The TLC must schedule a hearing within 10 days. The judge will likely take about 10 days to decide.
Q. Can I sue the TLC for damages?
A. Yes. While there is no clear precedent yet, I believe that a suspension based on arrest alone may be illegal. So if your license was suspended and later reinstated, you maybe able to sue the TLC for damages.
Q. What will the judge consider in deciding my case?
A. Because of the Nnebe decision, the post-suspension hearing process must consider the context of the arrest (such as the charges, the circumstances, mitigating circumstances and whether the alleged crime was on duty) and the driver's record overall. Based on this decision, drivers now actually have a good chance of winning their hearings and being reinstated.
Q. What about suing the TLC for past suspensions.
A. If the TLC suspended your license based on an arrest in 2019 or before, you can sue for the violation of your civil rights and seek compensation for lost income while you were suspended.
The Law Office of Daniel Ackman has represented many TLC licensed drivers facing suspensions. We understand how painful it can be to be unable to earn a living while fighting a criminal charges. Given Ackman's victory in the Nnebe case, Dan is uniquely prepared to represent drivers in Summary Suspension Hearings at OATH and help drivers lift their license suspensions after an arrest
Call the Law Office of Daniel Ackman today at 917-282-8178 or contact us online for a Free Consultation.