The Chainlink

How efficient Cab Complaints are?

I filed my second complaint yesterday.

The night before, on my way home from work, I was cut off by a cab (the same cab!) several times within a few blocks between Grand and Chicago on Orleans. Every time the driver did it only to stop on the red light, so it was totally not necessary, whether he was vacant or with a passenger. On a top of it, he was changing lanes unexpectedly in front of other cars (and other cabs), earning well deserved angry honks from them. Last time that bastard passed me on the left literally within a couple of inches. I knocked on his window (he was standing on the red light behind a few cars, for Zeus's sake!) and told him he has to give me at least three feet. He brushed me off, but did give me a wide berth next time while passing me.

Still, I decided to file a complaint with the Dept. of Business Affairs and Consumer Protection of the City of Chicago.

I've done it once before, not by calling 311, but online. It takes a couple of months for them to process the whole thing. This is from the letter regarding my first complaint:

"Based on your report, our department has identified the driver and recorded this complaint into the driver's permanent history. We will continue to monitor this driver for future compliance with City laws."

The question is, Does it work? Will a taxi cab driver be more careful knowing that he is being "monitored for future compliance"? Is it worth the trouble either calling 311 or submitting the complaint online?

I am not trying to cast doubt on Steven Vance's article in Grid Chicago, posted in June of this year, just wondering: even if the offender is punished in some fashion, does it have any effect on other cab drivers?

(BTW, Steven, it was the same company as in your case, 3CCC.)

*****

In case anyone is interested, I'm not dead, just been busy at work to actively participate :)

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Permalink Reply by Steven Vance on November 11, 2012 at 9:46pm

According to the Chicago Tribune, reported incidents is the second way the city finds out about bad taxi drivers. (The first being traffic citations issued by police; 3 or more in a year and license renewals are not made automatically: the driver must apply for a renewal.) 

City government has long relied on two separate systems to take problem cabdrivers off the road: a citizen complaint process — riders report taxis for reckless behavior or other problems — and the traffic courts. [Link]

For citizen reports that don't lead to punitive actions that *Cheryl* (above) and I posted about, I don't know if those lead to demerits of any kind. 

tl;dr: Complaints about taxi drivers have the potential effect of leading to punitive actions, be they suspensions, fines, or both. 

Serge Lubomudrov said:

But Steven . . . What is your answer (if any) to my original question? Do complaints have any positive effect on cab drivers?

Permalink Reply by Jaik S. on October 22, 2013 at 6:56pm

I filed a cab complaint on July 1st, 2013. I went in today as a witness and took the photos that I had that verified my story. The guy was going to argue, but then as they unrolled the 11x17 photo, his attorney had him take a deal. Fines and a stern warning.

I did tell the Prosecutor to keep his eyes open for the other cases with my name, because I had photos and possibly videos documenting those as well. That was my first time going to the DBA&CP. I don't think it will be my last. I did learn a lot though.

Permalink Reply by Adam Herstein on October 22, 2013 at 8:35pm

So the system works after all?!

Jaik - 4.3mi said:

I filed a cab complaint on July 1st, 2013. I went in today as a witness and took the photos that I had that verified my story. The guy was going to argue, but then as they unrolled the 11x17 photo, his attorney had him take a deal. Fines and a stern warning.

I did tell the Prosecutor to keep his eyes open for the other cases with my name, because I had photos and possibly videos documenting those as well. That was my first time going to the DBA&CP. I don't think it will be my last. I did learn a lot though.

Permalink Reply by Dirke on October 22, 2013 at 9:15pm

I'm glad the system works for some, but it hasn't worked for me.  Maybe my name is on a list because I didn't vote for Rahm.

I detailed my January 24th hit and run cab incident earlier this year.  http://www.thechainlink.org/forum/topics/anyone-ever-get-hit-by-a-c...

I call the Major Accidents division about once a month and get the same runaround.  About 6 months after my hit and run, I called and didn't back down until I got someone there to tell me something, and that something turned out to be that my case had been dismissed.  When I asked why, no answer was given.  I persisted in getting another officer assigned to the case and to that officer, I emailed pictures of the driver who I had since seen sitting at a light and was able to take several photos of him. This officer assured me he would get to the bottom of it.  2 more months passed and I emailed the officer again to check up and he said that CPD had contacted the cab company but they couldn't determine who was driving the cab at the time.  I told him to round up every driver listed on the lease and I'll come in and identify him in a line up.  That was 2 months ago.  However I did get my letter from the Dept. of Business Affairs and Consumer Protection that I can add to my scrapbook.  They obviously mean next to nothing.

Without naming names, I'll paste his response:

    Just got some more information recently because the leaseholder of that cab has not returned our calls or letters (Unknown if change of address or phone). We contacted the cab inspection facility earlier in the week and they will schedule him to come in. When he is scheduled to come in which will be soon, we will send an investigator to interview him and bring those photos that you sent. We will then decide if a citation is warranted.

Will let you know soon,

Again... 2 months ago so I guess the fact that I was hit and left for dead by a licensed cab, have a material witness, the cab number, and pictures of the driver, do not warrant a citation being issued, nor any further communication with me on the matter.  Thursday will mark 10 months since I was hit and I did every action to the letter as instructed by the Crash Hotline.   Anyone know where I can contribute to the Policeman's Ball?

Permalink Reply by Mark on October 23, 2013 at 5:32am

Have you tried emailing the Trib and the Suntimes? There is nothing that the newspapers love more, than beauracrats not doing their jobs.  I would write a nice letter to the newspaper, detailing the plight you have been through, and carbon copy your alderman, and the mayors office.

Dirke said:

I'm glad the system works for some, but it hasn't worked for me.  Maybe my name is on a list because I didn't vote for Rahm.

I detailed my January 24th hit and run cab incident earlier this year.  http://www.thechainlink.org/forum/topics/anyone-ever-get-hit-by-a-c...

I call the Major Accidents division about once a month and get the same runaround.  About 6 months after my hit and run, I called and didn't back down until I got someone there to tell me something, and that something turned out to be that my case had been dismissed.  When I asked why, no answer was given.  I persisted in getting another officer assigned to the case and to that officer, I emailed pictures of the driver who I had since seen sitting at a light and was able to take several photos of him. This officer assured me he would get to the bottom of it.  2 more months passed and I emailed the officer again to check up and he said that CPD had contacted the cab company but they couldn't determine who was driving the cab at the time.  I told him to round up every driver listed on the lease and I'll come in and identify him in a line up.  That was 2 months ago.  However I did get my letter from the Dept. of Business Affairs and Consumer Protection that I can add to my scrapbook.  They obviously mean next to nothing.

Without naming names, I'll paste his response:

    Just got some more information recently because the leaseholder of that cab has not returned our calls or letters (Unknown if change of address or phone). We contacted the cab inspection facility earlier in the week and they will schedule him to come in. When he is scheduled to come in which will be soon, we will send an investigator to interview him and bring those photos that you sent. We will then decide if a citation is warranted.

Will let you know soon,

Again... 2 months ago so I guess the fact that I was hit and left for dead by a licensed cab, have a material witness, the cab number, and pictures of the driver, do not warrant a citation being issued, nor any further communication with me on the matter.  Thursday will mark 10 months since I was hit and I did every action to the letter as instructed by the Crash Hotline.   Anyone know where I can contribute to the Policeman's Ball?

Permalink Reply by Dirke on October 24, 2013 at 12:52pm

Thanks for the suggestion.  I thought about it but was hoping to go through proper legal channels to carry out a sense of civic duty.  Then magically, within 48 hours of me writing this, I got a response from CPD.

The leasee of the cab cannot renew his chauffer license until he sees me first. He was contacted by cab company and notified of such. I should hear from him soon and then we can go from there.

And then a day later....

 We had the cab driver in today. He already received a fine from City of Chicago Consumer Affairs back in April for the complaint you registered with them. We also wrote him 2 citations in regards to the incident which involved failing to report an accident and no insurance (although he says he didnt have it on him). Court date for these 2 citations are for 23 Dec 13 at 1000 am in room CL05 at the Daley Center which is located at 50 W. Washington. Your name is listed as the complainant on the citations. You are welcome to go to court as a complainant at that time. We tried calling you on your phone but didnt get through. We have now closed this case.

I did write back asking if my attendance is paramount to the charges being applied and am awaiting response.  Does anyone know the answer to that?  Or why he isn't being charged with the I-believe-more serious hit and run charge?

To close the whole story and resign it to the internet, I'm fairly disappointed with the police response to a hit and run.  No one at CPD every contacted me directly to ask any questions or asked me to come in to identify my perpetrator, even after I repeatedly contacted them over 6 months asking to do so.  Yes, there is obviously some contact here at the end, but I feel that a few emailed sentences are not enough communication about an alleged hit and run. 

And what about due process?  To put the shoe on the other foot, I could be totally lying or have an axe to grind with a driver for whatever reason and all I have to do is fill out a form online and the driver can be fined without anyone from law enforcement verifying my story? 

Maybe I'm expecting more than I should be?  I don't know the law very well and don't wish to spend any more time dwelling on it but if anyone else does, please share your knowledge as I would be curious to learn.  That's my story.  Hopefully it helps someone else in the future.



Mark said:

Have you tried emailing the Trib and the Suntimes? There is nothing that the newspapers love more, than beauracrats not doing their jobs.  I would write a nice letter to the newspaper, detailing the plight you have been through, and carbon copy your alderman, and the mayors office.

Permalink Reply by Lisa Curcio on October 24, 2013 at 1:11pm

If you do not go to court, there will be no witnesses and the City cannot prove its case.  The police officer who wrote the citation did not see it and cannot testify to what you told him/her.  

If you go to court, check in with the City attorney right away to let him/her know you are there.  The cab driver can: 1)plead guilty; 2) plead not guilty and go to trial that day; 3) ask for a continuance to get a lawyer.  It is up to the judge whether to allow a continuance.  If a continuance is granted, it would most likely be resolved by plea or trial on the next court date so long as you again go to court.

If it goes to trial, it will almost certainly be done that morning.
 
Dirke said:

Thanks for the suggestion.  I thought about it but was hoping to go through proper legal channels to carry out a sense of civic duty.  Then magically, within 48 hours of me writing this, I got a response from CPD.

The leasee of the cab cannot renew his chauffer license until he sees me first. He was contacted by cab company and notified of such. I should hear from him soon and then we can go from there.

And then a day later....

 We had the cab driver in today. He already received a fine from City of Chicago Consumer Affairs back in April for the complaint you registered with them. We also wrote him 2 citations in regards to the incident which involved failing to report an accident and no insurance (although he says he didnt have it on him). Court date for these 2 citations are for 23 Dec 13 at 1000 am in room CL05 at the Daley Center which is located at 50 W. Washington. Your name is listed as the complainant on the citations. You are welcome to go to court as a complainant at that time. We tried calling you on your phone but didnt get through. We have now closed this case.

I did write back asking if my attendance is paramount to the charges being applied and am awaiting response.  Does anyone know the answer to that?  Or why he isn't being charged with the I-believe-more serious hit and run charge?

To close the whole story and resign it to the internet, I'm fairly disappointed with the police response to a hit and run.  No one at CPD every contacted me directly to ask any questions or asked me to come in to identify my perpetrator, even after I repeatedly contacted them over 6 months asking to do so.  Yes, there is obviously some contact here at the end, but I feel that a few emailed sentences are not enough communication about an alleged hit and run. 

And what about due process?  To put the shoe on the other foot, I could be totally lying or have an axe to grind with a driver for whatever reason and all I have to do is fill out a form online and the driver can be fined without anyone from law enforcement verifying my story? 

Maybe I'm expecting more than I should be?  I don't know the law very well and don't wish to spend any more time dwelling on it but if anyone else does, please share your knowledge as I would be curious to learn.  That's my story.  Hopefully it helps someone else in the future.



Mark said:

Have you tried emailing the Trib and the Suntimes? There is nothing that the newspapers love more, than beauracrats not doing their jobs.  I would write a nice letter to the newspaper, detailing the plight you have been through, and carbon copy your alderman, and the mayors office.

Permalink Reply by Dirke on October 24, 2013 at 1:25pm

Thanks for the response Lisa,

You seem to know what you're talking about in the lawyering business.  If you could please also address....

1. If I don't show up, does it all get thrown out, case closed, no penalties to the driver?

2. Assuming your answer to #1 is Yes, do I have the ability/option to request a different court date since this one falls so close to Christmas and there exists a good chance that I will be out of town?  If so, do you know how/when I would do that?  Am I to expect something in writing sent in the mail notifying me of the court date or is this email correspondence with the assigned officer considered sufficient notice now?

Thanks again for your time and sharing your knowledge.
Lisa Curcio 4.1 mi said:

If you do not go to court, there will be no witnesses and the City cannot prove its case.  The police officer who wrote the citation did not see it and cannot testify to what you told him/her.  

If you go to court, check in with the City attorney right away to let him/her know you are there.  The cab driver can: 1)plead guilty; 2) plead not guilty and go to trial that day; 3) ask for a continuance to get a lawyer.  It is up to the judge whether to allow a continuance.  If a continuance is granted, it would most likely be resolved by plea or trial on the next court date so long as you again go to court.

If it goes to trial, it will almost certainly be done that morning.

Permalink Reply by Lisa Curcio on October 24, 2013 at 1:58pm

1:  Probably

2:  I am not sure if you will get anything more about the date.  I would not count on it.  As to requesting a continuance, I am not sure about that, either, but you could try calling the Corporation Counsel's office and asking to talk to the attorney responsible for courtroom CL 05.  I think the phone number is 312-744-1882 which appears to be the number for the prosecutions people. 

They handle a lot of cases, so the more information you can give the attorney to find the case, the better.  I don't know if they can look people up by their names.  If you somehow got the driver's license number or the ticket number, that will help.

If the attorney knows that you are interested but cannot attend, the City might be willing to ask for a continuance.  Again, that is up to the judge.
 
Dirke said:

Thanks for the response Lisa,

You seem to know what you're talking about in the lawyering business.  If you could please also address....

1. If I don't show up, does it all get thrown out, case closed, no penalties to the driver?

2. Assuming your answer to #1 is Yes, do I have the ability/option to request a different court date since this one falls so close to Christmas and there exists a good chance that I will be out of town?  If so, do you know how/when I would do that?  Am I to expect something in writing sent in the mail notifying me of the court date or is this email correspondence with the assigned officer considered sufficient notice now?

Thanks again for your time and sharing your knowledge.
Lisa Curcio 4.1 mi said:

If you do not go to court, there will be no witnesses and the City cannot prove its case.  The police officer who wrote the citation did not see it and cannot testify to what you told him/her.  

If you go to court, check in with the City attorney right away to let him/her know you are there.  The cab driver can: 1)plead guilty; 2) plead not guilty and go to trial that day; 3) ask for a continuance to get a lawyer.  It is up to the judge whether to allow a continuance.  If a continuance is granted, it would most likely be resolved by plea or trial on the next court date so long as you again go to court.

If it goes to trial, it will almost certainly be done that morning.

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