HOW TO WIN YOUR TLC CASE
15 Powerful Strategies for Avoiding Costly Fines and Guarding Your Legal Rights at a Hearing
A Special Report by Peter Wang, Esq.
It happens every week with alarming frequency. Taxi, black car and limousine drivers are summoned to appear before the Taxi and Limousine Commission in response to a ticket or passenger complaint. Most don’t do a particularly good job of defending themselves, and end up having to pay a stiff fine they can hardly afford in this economy.
Even worse, usually a half-day of work is lost by the time the hearing is over, and needless to say, the driver is not in a good frame of mind.
Yet, by preparing for a hearing and employing a few simple techniques, it’s possible to give yourself the best possible chance of avoiding an expensive fine, and to put the odds on your side. That’s what this Special Report is all about. You’ll learn how to represent yourself effectively, and also what to do if you decide to retain a lawyer.
As you go through these practical principles please know that they don’t constitute legal advice. For that you’ll need to hire your own attorney who can properly evaluate your situation.
However, if you decide to represent yourself you’ll have a wining advantage if you use these strategies. While there’s never a guaranteed result with any case, it’s worth the effort to learn about and employ these methods. Preparing well can translate into many dollars saved on a fine you’d otherwise have to pay.
1 – Know your rights. Trying to win your case at a TLC hearing, without knowing and understanding the rules that govern for-hire vehicle drivers, is an exercise in failure. Read the Hack Code before you appear. These are the rules by which the Judge will make a decision. If you know them you can construct the best possible argument on your behalf, and you look informed, prepared and intelligent before the Judge.
2 – Hire an attorney to represent you. You have the greatest opportunity to win your case when you retain an experienced lawyer who has a thorough command of taxi and limousine laws, regulations and procedures. A competent attorney has had years of professional training and experience in making persuasive cases.
Most drivers try to defend themselves at a TLC hearing, and more often than not find they lose and owe a costly fine. A good lawyer will not only present your side of the story in the most compelling way possible, but will also be able to skillfully question a hack inspector or complaining passenger in a way that proves your claims. Cross-examination, which is the art of asking the right questions, takes many years to master. It’s something few, if any, drivers know how to do.
There are non-attorney representatives who will also present your case at a TLC hearing. However, you should be aware of the difference in representation that you’ll receive. These individuals often have no legal training. While they may know the Hack Code and have experience before the Judge there is no substitute for the rigorous education every lawyer receives in researching and arguing cases successfully, and in the all important skill of legal writing.
For example, you may need to have certain documents drafted that are essential to prevailing in your situation. Do you have a better chance of winning with an attorney who has been trained to write well, or with someone who has had no legal education whatsoever?
Also, if your case is serious and you lose you may have to appeal it in New York State Supreme Court or even the Appellate Division.
A lawyer is qualified to represent you in an appeal, whereas a non-attorney representative would be prohibited from doing so. By hiring a law firm from the start you gain the advantage of an advocate who is familiar with your situation from the outset, and can carry it forward to higher courts. Otherwise, if you retain a registered rep and you lose you’ll have to look for a lawyer and explain things all over again.
It all boils down to the old adage: You get what you pay for. It can cost you less to get the right representation to begin with, and have a better chance of winning than to attempt to be your own lawyer and end up paying an expensive fine.
3 – Get a taxi lawyer. There are many different areas of practice in the legal profession. Most of them have become so complex that, like doctors, attorneys will focus on particular types of work.
That means it’s not a good idea to choose a lawyer to represent you who doesn’t argue cases before the TLC. There are just too many regulations and nuances for someone who is not knowledgeable in taxi, black car and for-hire vehicle law to get you the best possible result.
One of the advantages of having an attorney handle your case is that, in certain instances, he or she can appear on your behalf at the TLC. That means you don’t have to lose any time at work which costs you even more money.
4 – Go in with a good argument. A solid argument is the backbone of your case. If you’re not going to hire a law firm and have decided to represent yourself, here’s how to build a good defense.
First, for each claim being made against you write down your version of the facts. Just an outline with a few sentences will do. Writing has a way of clarifying your thinking.
Now, what exactly is a fact? A fact is a piece of information that is indisputable. Of course, the only way any element of your argument can be irrefutable is to have evidence to support it. So, for each point that supports your argument list the evidence you have that proves it. Remember this rule: Argument plus evidence equals proof. That’s what it takes to win a case and avoid fines.
Next, you’ll want to connect all your points into a coherent, logical story to present to the Judge. You should prepare your presentation in advance, and actually practice what you’ll say. Trying to wing it at a hearing is a recipe for disaster, and more likely than not will lead to a bad outcome.
In addition to taking the time to develop an effective argument here’s another step that will protect you: make a list of all the points that can be made against you including ones which may not yet have been raised. By anticipating these attacks you’re a lot less likely to be caught off guard. Then list an answer for each one.
In any legal contest be aware that even if you’re 100% right, you can still lose. That’s why it’s essential to think out your entire approach in advance and to give yourself every possible advantage.
5 – Know what you stand to lose. What you’re ultimately liable for depends on the seriousness of the claims made against you. Penalties range from fines all the way to license suspension and revocation. You have to know what’s on the line in order to develop an effective strategy, and assess the amount of money and time you’re willing to commit to get the result you want.
To begin with, even if the infraction can result in a simple fine, you not only will probably have to pay several hundred dollars, but you’ll also lose at least half-day of work. For most shifts that in itself is more than another $100.00.
There’s also an element of variance in the amount of the fine the Judge can impose. If you lose, but still did a good job of presenting your case, you might get a smaller fine than if you botch it. This is why it’s important to prepare well and know what you’re talking about.
If you’re charged with a more serious offense that can result in suspension or loss of your license, like excessive points for speeding, then your livelihood is at stake. The more you stand to lose the better off you are when you hire the most experienced, professional help you can get. With a serious violation you’re likely to have to appeal a losing decision, and you may end up in court.
Therefore, the most intelligent overall approach is to put your resources behind getting the best possible result as early as possible. In the long run that’s often the most cost effective strategy.
6 – Present your story calmly. It doesn’t pay to get all riled up in front of a Judge. When you become emotionally overwrought you lose your ability to think clearly and argue effectively. You look out of control, and the Judge’s first impulse will probably be to shut you up so the hearing can proceed in an orderly fashion.
Never be nasty to a Judge or any other TLC personnel. That’s like putting a ball and chain around any chance you have of winning. Judges are people and have feelings like everyone else.
Having a good argument doesn’t mean you should be argumentative. Nothing turns people off more than an obnoxious attitude. Be courteous to everyone at the hearing including your adversary.
You’ll regret any emotional outburst later when you’re looking down the barrel of an expensive fine that might otherwise have been avoided had you not lost your head. There’s a strong dose of common sense in building a good case for yourself.
Calmness conveys credibility. You project a sense of confident assuredness that adds to your persuasiveness.
7 – Challenge your adversary nicely. If the other side is saying something that is directly opposed to what you know to be true there are ways to poke holes in that position.
One of the best ways to do this is with carefully thought out, targeted questions. Skillful questioning is best left to an attorney, but if you’re representing yourself here’s an easy very effective technique you can use.
It’s simply this: ask your adversary to repeat the sequence of events, and then point out any discrepancies or absence of facts from his or her earlier version.
Let’s say someone complains that you didn’t take the route she requested. First, ask the Judge for permission to ask a few questions of the passenger. Once the Judge gives the okay here’s how it might go:
You: Can you please describe the events once again as you see them?
Passenger: I specifically told you to take the FDR Drive to the Upper East Side and instead you took Allen Street.
You: When you first got in had you mentioned to me that you were in a rush?
Passenger: Yes, I did say that.
You: Do you recall that the FDR Drive was congested that day, and we sat in traffic in lower Manhattan for over 10 minutes?
Passenger: Yes.
You: Were you talking on your cell phone while we were waiting for the traffic to move?
Passenger: Yes.
You: Do you think it’s possible that I made a decision to take Allen Street because I was concerned about getting you to your destination as quickly as possible, as you’d requested, and I didn’t want to interrupt your phone call?
Passenger: I guess…but that’s not the point…
See how the line of questioning begins to change the way things look? Instead of being seen as belligerent you begin to seem more like the concerned driver who was trying to do the best possible job for the passenger. You’ve got a much better chance of escaping without a fine or at least may get a smaller one.
Make notes of what is said at the hearing so you can refer back to them if you need to. Also, be prepared to deal with lies, exaggerations and misrepresentations from passengers so you’re not caught off guard. Again, the best defense is irrefutable evidence so compile as much as you can.
8 – Fight a winnable war. It’s better to concede a point you have no chance of winning. Instead, concentrate on the strongest, most convincing parts of your case.
For example, if there were two passengers, and both are witnesses against you on a particular point, you’re probably not going to be able to prove your version unless you have undeniable evidence. Better to focus on the larger, overall picture of events, and work to win there.
Sometimes less can end up being more.
9 – Pursue a negotiated solution. If you can negotiate and settle an issue, many times that’s a better option than dragging things out into an extended fight.
If your case lends itself to negotiation chances are it’s something on the more complex end of the scale. Unless you know yourself to be a good negotiator, and few people are, it’s probably best to have professional representation in that situation.
If you do want to negotiate for yourself the best single piece of advice is to be reasonable. If you come across as being a fair, decent individual you’re more likely to gain cooperation.
10 – Don’t say more than you have to. Once you’ve made a point and have obtained agreement, stop talking. If you don’t, there’s a strong chance you’ll end up inadvertently saying something that will trip you up, and may be used against you.
In other words, quit while you’re ahead.
If you retain a lawyer you’ll be prepped before your case. Don’t plan on saying or doing anything at a hearing without discussing it with your attorney first. Otherwise, you may create a problem that could have been avoided.
11 – Secrecy can backfire. You should tell your attorney everything that relates to the case…the whole story. Secrets usually come out, and can be extremely damaging. It doesn’t pay to hide the facts from your lawyer. If you do how can he or she do the best job of defending you?
The law provides for attorney client privilege which means that everything you tell your lawyer is confidential. When your lawyer knows the full extent of your liability from the start it provides time to strategize the best defense and advise you properly.
Don’t shortchange yourself with unwarranted secrecy.
12 – Get an additional opinion. If you’ve consulted or hired an attorney and are not happy with the either the representation or the answers you’re getting seek a second opinion. Different practitioners often have varying viewpoints as to what it is possible to achieve in a case.
13 – Mercy may be the only option. If you’re flat out wrong you’re only hope may be to throw yourself on the mercy of the court.
You can ask for an opportunity to explain. Maybe you made an honest mistake, or you were having a bad day, or are experiencing a very difficult time right now in this economy. Be humble – humility is very disarming and you may inspire a bit of compassion. The Judge may then cut you some slack if it’s within his or her power to do so.
If you’re in the wrong you certainly have nothing to lose by this approach.
14 – Keep your name clean. Staying out of trouble saves you a lot of money, time and aggravation. So it’s a good idea to make a point of following the Hack Code to the letter, driving safely, and being nice to passengers.
Also, when you are called down to the TLC, being able to cite a clean record has persuasive power and helps your case. On the other hand, if you have one infraction after another the Judge is less likely to be favorably impressed, and that works against you.
If you are fined, pay quickly. Your payment record, and much else about your work history is recorded in computer databases nowadays. You don’t want further penalties added or to seem as if you’re attempting to dodge what is rightly owed.
There’s a lot to be said for having a good reputation when you’re involved in a legal problem.
15 – Keep a written record of the decision. The TLC will issue a written record of the decision it makes on your case. It’s important to keep this document. If you get called for another hearing your lawyer will be able to do a better job for you if he or she can see a complete record of previous appearances and their outcomes.
In fact, keep a file for all official communications from the TLC so everything is in one place. Keep it organized by date from the oldest to the most recent notices and letters. That way if you or your attorney have to respond quickly everything you need will be immediately accessible.
To prevail, prepare.
So now you know what to do, and, hopefully, you realize that nothing is more ill-advised than trying to win any case without preparing in advance.
It’s an effort, but a worthwhile one. It can save you money, time, energy, points on your license, and maybe even your livelihood.
Lawyers have developed and demonstrated the value of these principles over a long history of arguing cases and fighting lawsuits the world over. They’re timeless, powerful and proven.
About Peter Wang, Esq.
Peter Wang has practiced law in New York City for almost 40 years. He represents taxi, black car and limousine drivers and owners as well as fleets and black car companies. Taxi, black car and limousine driver and owner as well as fleet and black car company representation is his primary area of practice. Tenants rights is another area of focus.
In addition to Taxi and Car Service related representation, Peter Wang has litigated and/or arbitrated thousands of court cases involving almost every court and venue, including Landlord Tenant Court, Civil Court, Arbitrations, Supreme Court, Surrogate's Court, Federal District Court and Appellate Courts.
Disclaimer
The information in this special report is provided “as is” as general background information and does not constitute legal advice in any manner. Wang Law Offices does not assume responsibility for any loss, claim, liability or damage related to the use of the information provided. Past performance does not in anyway predict or guarantee future results.
Peter Wang, Esq.
Wang Law Offices
305 Broadway, 9th Floor
New York, NY 10007
212-822-1486
Fax: (212) 822-1487
E-mail: peterwangesq@gmail.com
Web: www.taxi-tenant-lawyer.com
Copyright © 2010 Wang Law Offices. All rights reserved.
This Special Report is on the internet: www.taxi-tenant-lawyer.com
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