Arrested Taxi Drivers Have a Right to a Hearing Under OATH to save their Hack License
New York City taxi drivers have tough jobs: maneuvering through New York traffic with passengers short on time can be a stressful experience. Often, taxi drivers pick up passengers late at night that have been partying and are heavily intoxicated. Under these circumstances, things can get out of hand, and a person that refuses to pay a fare can easily make a false cross complaint against a driver thinking that it will help them in front of the police. Unfortunately, this usually leads to all parties being arrested including the driver.
If a taxi driver is arrested by the police, the New York City Taxi and Limousine Commission (TLC) will receive a notice that the driver was arrested. TLC will suspend the driver’s Hack license upon receiving such notification. A suspended Hack license places drivers in economic hardship, pending the resolution of their criminal case.
If you are a taxi driver and your license is suspended because you were arrested, you have the right to a hearing under the Office of Administrative Trials and Hearings (OATH) to try to get your license reinstated before your criminal case is resolved. A driver has ten (10) days from notice of their suspension to request this hearing. However, the standard is high and if the driver is charged with a crime, which if proven true would pose a direct and substantial threat to the health or safety of the public, then the license will most likely stay suspended pending the outcome of the criminal case. This basically means if you are charged with a crime like assault, your license will probably stay suspended regardless of any other facts or circumstances. Those facts and circumstances will have to be resolved in criminal court first.
Our office has represented several taxi drivers in criminal court. District Attorneys’ offices take cases involving taxi drivers very seriously, and an aggressive defense and investigation are necessary. A criminal record can prevent a taxi driver from being able to get their Hack license reinstated and drive their taxi again. Unfortunately for taxi drivers, even low level misdemeanors threaten their livelihood. Call us today to discuss your case and get your Hack license suspension lifted.