From the Chicago Dispatcher
May 2009

Cabbies and the Law

By James R. Mueller

During the past month, I have had the opportunity not just to represent taxicab drivers in hearings at the Department of Administrative Hearings; I have sat and watched several hearings for which I was not a participant. Some were represented by other attorneys and some were cases in which the driver represented themselves. These cases brought to mind the following tips which all drivers should follow when operating their taxicabs.

First, drivers should keep their current lease where they can find it immediately. I would suggest that they keep their current lease (and only their current lease) folded behind their chauffeur license in the place where the chauffeur license is to be displayed. This way if a police officer or a public vehicle inspector asks for it, you can say, “Yes sir, it's right here. Let me get it for you.” And this is what you should be saying right after you are asked for your license and/or lease -- not “I didn't do anything wrong,” or “This is unfair,” or any comment about not doing anything wrong. Just get the license and lease and give it to the officer. Failure to give the license or lease to the officer immediately may and often does result in being charged with Rule 5.11(b) or Rule 10.03 violations. I have seen cases where a police officer files a charge for each time he has to ask the driver for his license or lease.

Is it fair that the officer or inspector demands the license without first telling you what is wrong or why they want it? Perhaps, but it is the law and getting into an argument with the officer over his request will not solve anything but get you an additional ticket. Maybe you'll feel better for venting anger at the time, but you'll regret the extra citation and probable extra fine later.

Besides, after you give the officer the license and lease, then you can in a calm and polite voice ask, “May I ask if I did anything wrong?” Police officers and inspectors hate it when their authority is challenged. Maybe they shouldn't be thin-skinned, but yelling and arguing with them never works, but being calm and polite often does.

After they tell you what you did wrong, calmly say why you don't feel you did anything wrong or why you shouldn't get a ticket. Most likely, they will give you the citation and tell you to tell your story to the judge, or words to that effect. If they say that and most times they will, just accept the ticket and get ready for Administrative Hearings. But occasionally, they might accept your reasons and not write you the ticket. But I would like to hear from any driver who vehemently argued with a police officer over getting a ticket and had the police officer say, “Your yelling at me convinced me I was wrong. I won't write you a ticket this time.”

The next thing you should do as soon as possible after you get a ticket is to write down everything that happened just before the police came up to your vehicle and what happened and what was said when the officer gave you the ticket. Remembering the exact circumstances and the exact language of the officer may help at the hearing.

My final tip is that whenever you get a citation because you were loading a passenger or waiting for a passenger, ask the passenger if he would give you his name and phone number. That passenger, who should be and probably would be very credible in the eyes of the hearing officer, may offer testimony by phone that will win your case for you.

Until next time, may all your shifts be profitable and complaint free.


disclaimer: The information provided in this article should not be construed as legal advice or legal opinion in any specific facts or circumstances. The contents are intended for general information purpose only, and you are urged to consult with a lawyer concerning your own legal situation and any specific legal question you may have.