Uber Driver Avoids Arrest for Sexual Assault

New York Sex Crimes Defense Attorney

The criminal defense lawyers at Proto, Sachs & Brown, LLP defended an Uber driver from Dutchess County, New York who was under investigation for sexual assault of a passenger. The passenger reported the driver to local police after she was dropped off at her residence claiming that the driver had sexually attacked her.

Once the local police contacted the driver he immediately called criminal defense lawyer Andrew Proto. Andrew is a sex crimes defense lawyer at the law firm of Proto, Sachs & Brown, LLP and was able to give the client advice and contacted the police regarding this alleged attack.

Client Case Results

Andrew argued to the police and district attorney's office that although a sexual encounter did take place it was consensual and the surrounding facts proved the consensual sexual encounter. Since the driver contacted a lawyer immediately, his lawyer was able to take control of the situation to avoid the arrest. The client was ecstatic to avoid an arrest protecting his freedom, employment, and family.

Strategic Criminal Accusation Defense

In late 2019, Attorney Proto represented an Uber driver accused of sexual assault. The charges were dismissed against an Uber driver in Westchester County after a passenger reported that the driver had stopped alongside the Hutchinson River Parkway, exited the vehicle and sexually assaulted them.

A strategic defense was formulated challenging the credibility of the complainant and using the Uber app technology, a jury determined that the vehicle never came to a full stop on the Hutchinson River Parkway making a sexual assault impossible. The Uber driver was facing a felony sexual assault, state prison sentence, and deportation but avoided all those consequences when he was acquitted of all charges.

Our legal team was also able to protect the Uber driver from the accuser starting a civil lawsuit in Westchester County after she and her civil attorney went on the offensive seeking the criminal trial transcript to start a lawsuit against the driver and Uber for money damages. Her attempts to unseal the Not Guilty verdict and obtain the trial transcripts to assist in a civil lawsuit was blocked.

Rideshare Sexual Crime Facts

In 2018, 95 million people used the Uber app and Uber's total revenue was 11.3 billion dollars. In 2019 Uber reported 3,045 sexual assaults by Uber drivers. Therefore, the chance of a sexual assault taking place or being accused of a sexual assault is .0002% of the 1.3 billion rides in the United States in 2019. This low percentage does not include other complaints such as poor driving, automobile accidents, vehicle damage or any other dispute between a driver and passenger.

New York Sex Crimes Defense Lawyer

Attorney Proto understands the impact a sex crime accusation can have on a person’s life. That is why he works to protect your future. Attorney Proto and his legal team have represented many rideshare drivers that have been accused of sexual assault and have achieved great case results. Having the right people in our corner can make a difference in your case results. If you are facing criminal accusations, choose a team that has a proven track record that can protect your future.

Frequently Asked Questions:

Q. How can an Uber driver protect themselves while working?

A. Purchase a video camera and mount that camera on your dashboard or rearview mirror. Have it running at all times. A video creates a record for a rideshare driver to protect themselves against false or exaggerated complaints.

Q. What should I do if a passenger makes a complaint?

A. If a passenger makes a complaint immediately contact a lawyer. While some complaints may not need the assistance of a lawyer it is always advised if a complaint is made, hire an attorney to protect your interests.

Q. How do I know if the police are investigating me?

A. As an Uber driver, the police will contact Uber and your access to the app will be shut down. This is a clear indication that you are under police investigation and you must speak with an attorney.

Q. Should I hire an attorney if I have nothing to hide?

A. Yes, an attorney will understand the law, the steps of an investigation or arrest and can intervene on your behalf. Also, if you make any statements to the police those statements can be used against you. It is far better to have the advice of a lawyer.

Q. Does hiring a lawyer make me look guilty?

A. No, hiring a lawyer proves that you are taking this matter seriously and will take all steps necessary to protect yourself. It is your Constitutional right to have an attorney.

Q. What are the consequences of a conviction for a sex crime?

A. Jail, probation, fines, sex offender registration, orders of protection, mandated therapy or treatment.

Ridesharing is an easy way to earn extra money. As attorneys who defend Uber drivers, it is highly recommended that any rideshare driver take steps to protect themselves.

If you or a loved one has been accused of a crime. Call the criminal defense lawyers at Proto, Sachs & Brown, LLP. Their offices are located in Westchester County, New York, and Peekskill, New York. Call for a free initial consultation (914) 946-4808.