The New York City Department of Motor Vehicles has suspended a driver’s license from a Manhattan attorney because his stolen car wasn’t insured when it was crashed by a thief, he claims.
The DMV then refused to accept evidence that the lawyer’s car had been wrongfully taken, claiming a police report of the theft and his testimony against the thief do not prove the crook acted without his permission, he laments at.
Mark Lubelsky reported the theft of his 2017 Lexus GS350 from his building’s parking garage on May 23, 2019 to the NYPD and notified DMV of the theft and loss of his license plates, according to court records. The theft prompted his insurer, State Farm, to declare the car a total loss.
The thief, Devon Brown Jr., was caught less than a month later and charged with grand larceny after allegedly wrecking the $52,000 car and leading police on a chase in Brooklyn.
Last month, DMV told Lubelsky that his driver’s license had been suspended because his uninsured vehicle was in an accident, he said in Manhattan Supreme Court papers, to overturn the move.
DMV employees allegedly agreed the license lock was “absurd” but claimed they had no authority to fix it, accuses Lubelsky, who said in legal documents that Albany DMV employees refused to accept faxed records of their own local office, even demanding that he prove the thief “didn’t have the right to drive the car.”
“After explaining that I had reported the car stolen, that Devon Brown was arrested for stealing the car, and that I testified against him before the grand jury, amazingly, the defendant’s representative responded that these facts do not prove that.” I did not authorize Devon Brown to drive the car,” Lubelsky said in court documents.
Lubelsky went to court to save his license but withdrew the legal papers after the attorney general’s office stepped in and resolved the situation, he said.
“DMV erroneously revoked my license due to a computer error and there was no other way to fix it than to sue DMV,” Lubelsky told The Post. “I have no idea what I would have done if I hadn’t been a lawyer who had all the resources of a law firm at my disposal.”
A DMV spokesman said the department “resolved this misunderstanding before a licensing sanction was imposed.”
https://nypost.com/2022/03/12/nyc-lawyers-drivers-license-suspended-after-thief-crashed-his-car-lawsuit/ New York attorney’s driver’s license suspended after thief crashed his car: lawsuit