On Wednesday, August 20, 2025, the Supreme Court of the State of New York, Appellate Division, Second Judicial Department suspended attorney Benjamin E. Thwaites for a period of six months due to multiple driving-related offenses and violations of probation.
The case is entitled “In the Matter of Benjamin E. Thwaites,” with case number 2022-10116.
The court’s ruling stemmed from Thwaites’ convictions for aggravated driving while intoxicated and driving while intoxicated, which occurred on May 2, 2017, and July 13, 2017, respectively. The Grievance Committee for the Ninth Judicial District filed a motion confirming the findings of a Special Referee, which concluded that Thwaites did not provide sufficient justification to avoid disciplinary action.
Thwaites was initially arrested on December 19, 2014, in Bronx County, where he faced charges for three unclassified misdemeanors, including aggravated driving while intoxicated. Following his guilty plea in May 2017, he received a six-day prison sentence, three years of probation, a $1,000 fine, and a one-year revocation of his driver’s license. In an unrelated incident on April 17, 2017, he was again arrested for driving while intoxicated in Mount Vernon and later pleaded guilty to similar charges.
Throughout his probation, Thwaites was reported by the Department of Probation for multiple violations, including failure to report, submit to drug testing, and attend required alcohol treatment programs. A bench warrant was issued for his arrest on July 15, 2019, due to his failure to appear in court.
The court’s proceedings included a hearing before Special Referee Arthur J. Cooperman on July 6 and September 13, 2023. The Special Referee’s report, filed on December 12, 2023, indicated that Thwaites had not met his burden of demonstrating why he should not face disciplinary measures. The Grievance Committee subsequently sought to confirm this report and impose appropriate disciplinary action.
The court noted that Thwaites had a prior disciplinary history, which included a letter of caution, a public censure, and other advisements. Despite being served with the motion for confirmation on March 28, 2024, Thwaites did not respond or oppose the motion.
The court’s ruling mandates that Thwaites’ suspension will commence on September 19, 2025, and he will not be eligible to apply for reinstatement before February 19, 2026. Any application for reinstatement must include evidence that he has complied with the court’s order and guidelines governing the conduct of suspended attorneys.
In addition to the suspension, the court ordered that Thwaites must refrain from practicing law in any capacity during the suspension period. This includes not appearing as an attorney before any court or public authority, and not offering legal opinions or advice.
According to Avvo, Mr. Thwaites is a lawyer in Mount Vernon, NY. He acquired his law license in New York in 2007.
A copy of the original filing can be found here.
