Category: Arrest

Even minor domestic disputes can lead to arrests. While such charges rarely result in convictions, the TLC still routinely argues that drivers should remain suspended not just briefly, but for months while criminal charges are pending. Taxi & Limousine Comm’n v. Lei, OATH Index No. 790/22 (Nov. 18, 2021), is a typical case of this kind. The...

A taxi driver was arrested and charged with criminal obstruction of breathing, a class A misdemeanor. The criminal complaint stated the driver applied pressure to his wife’s neck by forcefully squeezing. No other facts were alleged. The driver denied the charge and explained that his arrest was his wife’s attempt to “get back at him”...

In TLC v. Lei, the TLC suspended the driver following his arrest for assault in the third degree, attempted assault in the third degree; menacing in the third degree, and harassment in the second degree, all misdemeanors. ALJ Garcia recommended reinstatement. The arrest report presented at the hearing alleged that the driver slapped his girlfriend in...

In TLC v. Islam, the driver was suspended based on an arrest for assault in the second degree, though the charge was later reduced to assault in the third degree and harassment. ALJ Casey recommended reinstatement. The driver, who had been licensed for 10 years, denied committing an assault and expressed remorse for being involved in...

In TLC v. Mamun, the driver was suspended based on an arrest  for assault in the second degree, criminal possession of a weapon in the fourth degree, acting in a manner likely to injure a child, and menacing in the third degree. Though some of these charges are felonies, ALJ Garcia recommended reinstatement. The driver explained...

In TLC v. Khan, the driver was suspended based an arrest for assault in the second degree and acting in a manner injurious to a child less than seventeen. The criminal charges were later amended to misdemeanor assault charges, acting in a manner injurious to a child, harassment, and menacing. While some of these charges are...

In TLC v. Ali, the OATH judge recommended reinstatement following a suspension based on an arrest and a high level drug charge. The driver prevailed based on his excellent record, his lack of criminal record and the fact that he was not arrested until three years after the alleged drug sale and a year after a...

In Taxi & Limousine Comm’n v. Shukurov, OATH Index No. 279/22 (Aug. 25, 2021), adopted, Comm’r Dec. (Aug. 26, 2021), appended, the TLC  suspended the driver’s license based on his arrest for assault in the third degree, a misdemeanor  The OATH ALJ recommended reinstatement and the TLC agreed based on the driver’s testimony that the complaining witness,...

In Taxi & Limousine Comm’n v. Richards, the OATH ALJ recommended reinstatement after the driver was suspended based on a charge of felony criminal mischief. The driver and his wife testified credibly that he was the victim of sharp practices by seller of 2016 Chevrolet Suburban and that he did not slash the tires of that...

In an unusual suspension-on-arrest case called TLC v. Ault, the OATH judge recommended continuation of the driver’s suspension following an arrest for conspiracy to commit money laundering. The scenario was highly unusual in that the charges were federal. Despite finding that the driver maintained a good driving record, ALJ Lee said that the accusations called...

In Taxi & Limousine Comm’n v. Zagre, a driver was arrested after being accused of assault by a passenger and was then suspended by the TLC. This kind of scenario seems to be the worst for a driver. Still, OATH recommended reinstatement based on credible evidence showing that it was the driver who called the police...