NYC lawyer’s driver’s license suspended after thief crashed his vehicle: lawsuit
The New York Section of Motor Vehicles suspended a Manhattan lawyer’s driver’s license mainly because his stolen car was uninsured when it was crashed by a thief, he statements.
The DMV then refused to settle for evidence that the attorney’s vehicle experienced been wrongly taken, saying a police report about the theft and his testifying against the thief didn’t verify the crook was performing without having his authorization, he expenses.
Mark Lubelsky described the Might 23, 2019 theft of his 2017 Lexus GS350 from his building’s parking garage to the NYPD, and notified DMV of the theft and reduction of his license plates, according to courtroom papers. The theft prompted his insurance provider, State Farm, to declare the motor vehicle a overall loss.
The thief, Devon Brown Jr., was caught a lot less than a thirty day period afterwards, and billed with grand larceny right after he allegedly crashed the $52,000 car or truck and led police on a chase in Brooklyn.
DMV notified Lubelsky in producing that his license experienced been suspended “effective 3/16/2022,” because his uninsured car or truck had been in an accident, he reported in Manhattan Supreme Courtroom papers trying to get to overturn the transfer. The letter was dated Feb. 14, but Lubelsky said he acquired it just two weeks in advance of the suspension date. The only path to stay clear of the suspension was to prove his stolen automobile had been insured when the thief crashed it, Lubelsky contends.
DMV personnel allegedly agreed the license suspension was “absurd” but claimed they had no energy to correct it, charges Lubelsky, who claimed in authorized papers that Albany DMV personnel refused to accept faxed paperwork from their individual community workplace and even demanded he verify the thief “was not authorized to push the car or truck.”
“After I experienced discussed that I experienced reported the car or truck stolen, that Devon Brown was arrested for thieving the car, and that I testified towards him right before the grand jury, the defendant’s representative astoundingly responded that individuals information do not prove that I did not authorize Devon Brown to push the auto,” Lubelsky said in court docket papers.
Lubelsky went to court in a bid to preserve his license, but withdrew the legal papers right after the condition Legal professional General’s office environment stepped in and settled the predicament, he reported.
“DMV mistakenly revoked my license thanks to a personal computer mistake and there was no way to take care of it other than to sue DMV,” Lubelsky explained to The Article. “I have no plan what I would have completed if I wasn’t a lawyer with all the assets of a legislation business at my disposal.”
The DMV reported Lubelsky’s license was not suspended or revoked, and a spokesman added the division “resolved this misunderstanding right before any license sanction was place in place.”