Hello everybody… This month I want to talk about what to do if you are arrested for a non-TLC related criminal offense and you have a TLC driver’s license.
Life is uncertain – there are good times and bad times. Sometimes things happen, like a fight with your spouse or a friend, or someone who you do not even know. Sometimes, you are simply in the wrong place at the wrong time. It is not uncommon to get arrested at least once in your life.
Even if you’re arrested while off-duty and having nothing related to driving, TLC will suspend your TLC driver’s license for many offenses until the case is resolved. Once the criminal case is resolved and TLC considers the resolution “acceptable”, such as an ACD (adjournment in contemplation of dismissal) or a plain dismissal or a similar disposition (240.20 which is like being loud in public, a very low-level disposition) you may get your TLC license back and you can go back to work. However, while the criminal case is pending in criminal court, the TLC will keep your license suspended for most arrests until the case is fully resolved, which can take months. This means you can’t work while the case is pending.
This is a very costly penalty and in the time of COVID-19, criminal cases move very slowly in criminal court, meaning that you could be out of work as a driver for a long time until the case is resolved in your favor.
You are entitled to a TLC hearing, in which it is possible to get your TLC license back while the criminal case is pending, but although this sounds like a good thing, it is often time consuming and difficult to get your license back at such hearings.
Thanks to litigation by my colleague Dan Ackman, Esq. the TLC has made it easier to get your license back in such situations. Also, now the actions of Ms. Desai and the Taxi Workers Alliance are working to make it more transparent and quicker to end such summary TLC license suspensions for non-taxi related criminal arrests by asking TLC to pass new rules to such effect. However, in the meantime, it is imperative that you contact a lawyer (like me), who handles criminal work and TLC work to help you if you are arrested as a TLC driver. It is not a time to be penny wise and dollar foolish – rather it is imperative to clear your name and get your TLC license back by spending a little money and getting a good private criminal lawyer and a TLC lawyer, or a licensed TLC representative to help you navigate this potential landmine in your career.
Thank you for reading my article. Until next month and always… be well.