In TLC v. J.D., the OATH tribunal considered the case of a driver arrested for felony assault and for leaving the scene of an accident. This case seemed especially difficult since the alleged assault weapon was the taxi itself so the assault was on-duty as was the alleged leaving the scene of an accident. But the driver prevailed because he credibly testified that he was actually the victim of an assault. Thus, when his taxi came into contact with complainant’s bicycle, the driver was fleeing for safety. Almost equally as important as respondent’s testimony and photographs, is his lack of contact with the criminal justice system, his flawless driving history, and the absence of passenger complaints over three decades as a licensee. In all respects, respondent’s record was spotless, suggesting that his arrest was an aberration rather than evidence of a violent nature.
Blog Post
ALJ Recommends Reinstatement Despite Felony Assault Arrest
ALJ Recommends Reinstatement Despite Felony Assault Arrest
In TLC v. J.D., the OATH tribunal considered the case of a driver arrested for felony assault and for leaving the scene of an accident. This case seemed especially difficult since the alleged assault weapon was the taxi itself so the assault was on-duty as was the alleged leaving the scene of an accident. But the driver prevailed because he credibly testified that he was actually the victim of an assault. Thus, when his taxi came into contact with complainant’s bicycle, the driver was fleeing for safety. Almost equally as important as respondent’s testimony and photographs, is his lack of contact with the criminal justice system, his flawless driving history, and the absence of passenger complaints over three decades as a licensee. In all respects, respondent’s record was spotless, suggesting that his arrest was an aberration rather than evidence of a violent nature.