Leaving The Scene after hitting a dog

[venkman]

]What is the name of your state (only U.S. law)? New Jersey
Last Sunday I arrived home after having dinner with my family. About a half hour after coming home my doorbell rang and a policeman wanted to talk to me. he asked if I had gotten home about 15 minutes ago and I said it was more like 30. He asked if I was aware that my car had run over a neighbors dog down the street. At first I thought he could not be serious but he obviously was. I told him I had no idea and that if I hit a dog I certainly would have stopped the car. The officer told me it was a small dog. I asked him if the dog was ok and he said it was dead. I then asked what happens now and he said it was obviously just an accident and that it was not malicious and he just needed to talk to me before he wrote his report and that nothing was going to come of it. Two days later, I received a summons in the mail stating that I committed offense 39:4-129 B Leaving The Scene. I immediately called the police and explained what I have just written above. they told me this was a civil complaint that was filed by the owner of the dog. The officer said I need to get a copy of the police report and go to the violations department and speak to the officer that handled the initial report. In addition, I would have to appear in court on the date my summons tell me to. This is all a mess. I have no knowledge of running over a dog. I drive a Jeep Wrangler which is higher up off the ground than a regular car. I never saw, heard, or felt something while I was driving home that night. I couldn't even tell you which side of the street the dog came from or which of my four tires ran it over. All I know is that it was some kind of terrier because that is what the officer told me. There are also apparently several witnesses that said the dog ran out of an apartment building into the street just as I was passing and was run over. I should also mention I did not break or swerve the car at any time on my drive home and live about 2/10 of a mile from where this happened. I was driving the speed limit, had my son in the back seat and had not been drinking or on a cell phone. Further, I live in an Apartment building that has a no dog policy. . I feel bad for these people but I'm not sure what they want from me. Now I have to miss a day of work to sit in a court house for this. My questions are, what liability do I have? What should I expect from a case like this? How can someone send me a summons when the investigating officer ruled that it was just an accident? Do I need a lawyer? (I have already spoken to my landlord & he is going to write a statement for me saying that the dog owner wanted him to "do something" about me and that they told him the dog was not on a leash and the apartment has a no dog policy.) Am I looking at a fine? Loss of license? Increase in insurance? Can I do anything about losing time off from work to go defend myself for this? What kind of defense do I have?

[Rexlan]

That really is a shame you have to put up with such abuse. People almost everywhere let their pets run loose or bark and put the burden on other people. Too bad the dog owner wasn't run over instead and then we would have two problems solved.

Possibly speak with an attorney; however, that will likely just add to your cost. If you have a witness, and the police report I do not think the case will go far. You may wish to get an affidavit from your landlord right away while it is fresh.

Isn't it weird that New Jersey apparently has a law about leaving the scene of a dog road kill .... god forbid if it was an endangered nematode or something of that magnitude!