What is the name of your state (only U.S. law)? Missouri
In July, my dog broke her cable and bit a woman walking down the street. This was the first time my dog had ever done anything like this in the three years we have had her. She is a boxer, so fairly good size, but she loves kids and loves women. For whatever reason that day, my dog managed to break her cable and rushed this woman, jumped up on her and bit her on her buttock once and then took off running through the neighborhood. My dog did not break the skin, but did bruise the woman. I apologized profusely and asked the woman if she was okay repeatedly. The woman said yes and then went home and called the police and I was given a summons to appear in court for "failure to restrain a viscious animal." First, she's not viscious; however, I don't know why she bit this woman. Long story short, I went to court and showed proof that my dog's shots were current and she was licensed. The judge asked the woman if she had any medical expenses and the woman said no she did not and that she had a bruise. The judge decided to continue the case and told me that I needed to put up a fence and come back with proof that I had properly restrained my dog.
After pricing fencing, I found that being a single mother with two children, I could not afford to put up a fence, so I made the decision to find the dog a new home within two weeks for the first court appearance, I had found a home in the country and gave the dog away.
I returned to court this evening. My thinking was since I had given the dog away, that would satisfy the judge. My feeling was I would get a fine and court costs. Well boy did I get a fine! The judge imposed a fine of $350.50 plus court costs. I was shocked. I knew I would have a fine, but I felt that was a bit excessive when you consider it was the first time my dog or any dog I have ever had had done this, her shots were current, she was licensed, and I got rid of her because I felt she was not a good "in town" dog. I felt the judge would look favorably on the steps I had taken to insure that my dog was healthy and that this would never happen again.
So my questions are these, does anyone else think this an excessive fine and if I feel it is excessive, can I appeal? I was never actually asked for a plea - guilty or not guilty - at the original court hearing. The judge just proceeded with her thoughts and continued it. At the second court hearing, I wasn't asked for a plea and was then given this fine.
Maybe I'm just kidding myself, but I feel like I gave my dog away for nothing because it doesn't feel like it made a bit of difference.
In July, my dog broke her cable and bit a woman walking down the street. This was the first time my dog had ever done anything like this in the three years we have had her. She is a boxer, so fairly good size, but she loves kids and loves women. For whatever reason that day, my dog managed to break her cable and rushed this woman, jumped up on her and bit her on her buttock once and then took off running through the neighborhood. My dog did not break the skin, but did bruise the woman. I apologized profusely and asked the woman if she was okay repeatedly. The woman said yes and then went home and called the police and I was given a summons to appear in court for "failure to restrain a viscious animal." First, she's not viscious; however, I don't know why she bit this woman. Long story short, I went to court and showed proof that my dog's shots were current and she was licensed. The judge asked the woman if she had any medical expenses and the woman said no she did not and that she had a bruise. The judge decided to continue the case and told me that I needed to put up a fence and come back with proof that I had properly restrained my dog.
After pricing fencing, I found that being a single mother with two children, I could not afford to put up a fence, so I made the decision to find the dog a new home within two weeks for the first court appearance, I had found a home in the country and gave the dog away.
I returned to court this evening. My thinking was since I had given the dog away, that would satisfy the judge. My feeling was I would get a fine and court costs. Well boy did I get a fine! The judge imposed a fine of $350.50 plus court costs. I was shocked. I knew I would have a fine, but I felt that was a bit excessive when you consider it was the first time my dog or any dog I have ever had had done this, her shots were current, she was licensed, and I got rid of her because I felt she was not a good "in town" dog. I felt the judge would look favorably on the steps I had taken to insure that my dog was healthy and that this would never happen again.
So my questions are these, does anyone else think this an excessive fine and if I feel it is excessive, can I appeal? I was never actually asked for a plea - guilty or not guilty - at the original court hearing. The judge just proceeded with her thoughts and continued it. At the second court hearing, I wasn't asked for a plea and was then given this fine.
Maybe I'm just kidding myself, but I feel like I gave my dog away for nothing because it doesn't feel like it made a bit of difference.