Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Parking Tickets and Non-Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-24-2004, 09:17 PM
Member
 
Join Date: Jul 2003
Location: Texas
Posts: 175

dog bite ticket


What is the name of your state? Tx

I got a ticket for my dog biting a cop.

Last week my dog crawled over the fence into my neighbors yard. Instead of calling me, she called animal control. Animal control called me at work and I told the officer I was leaving immediately. She said okay. In the 15 minutes it took me to get home, the animal control officer called in a county deputy. They cornered my dog and when he growled at them they tasered him. As the dog lay unconcious on the ground, the deputy reached down to grab him and it bit him. Little more than a scratch. The animal control officer told me when I drove up that she was going to euthanize the dog immediately and send the dog's head to Austin that day. The woman was very hateful and rather vicious. Needless to say, my daughters, the neighbor that called, and me spent several hours crying over that dog. The vet calls me the next day to ask me if I wanted to quarinteen (sp) the dog or euthanize. Overjoyed, I agreed to pay the 18.50 a day for the ten days.

My dog is a little terrier mix. We adopted him a because another neighbor had severely abused him a few months ago. I hadn't gotten arround to
getting his shots...my fault. He had never climbed the fence before. Never even dreamed anything like this could ever happen. We have finally got the dog to stop cringing in terror when we bend over to pet him.

Can someone tell me the proper procedure for handling a tasered dog? Should the deputy have picked him up bare handed? Why couldn't they have waited 10 minutes? He was not a danger to anyone not trying to hurt or grab him. I animal control officer KNEW I was on my way. I'm sure this is going to end up all my fault, but I can't help feeling that the officers dropped the ball on handling procedure. What kind of trouble am I in?
__________________
Life is like a dogsled team. If you ain't the lead dog, the scenery never changes.
Lewis Grizzard
    Reply With Quote
  #2  
Old 08-29-2004, 10:55 PM
Member
 
Join Date: Aug 2004
Location: Missouri
Posts: 32
Send a message via Yahoo to OG_of_Crime_Law
Looks like you been ganked by Texas Penal Code Section 42.09. Read on below:

Last week my dog crawled over the fence into my neighbors yard. Instead of calling me, she called animal control. Animal control called me at work and I told the officer I was leaving immediately. She said okay. In the 15 minutes it took me to get home, the animal control officer called in a county deputy. They cornered my dog and when he growled at them they TASERED him.

TEXAS PENAL SECTION 42.09(g): a person may kill an animal if he is in fear of bodily injury to himself or another person. Similarly, in a situation where a person kills or seriously injures someone else’s animal without his consent, the law will not hold the person responsible if the animal was discovered on another’s property.

My dog is a little terrier mix. We adopted him a because another neighbor had severely abused him a few months ago. I HADN'T GOTTEN AROUND TO GETTING HIS SHOTS...MY FAULT.

FAILURE TO ACT LAW
TEXAS PENAL CODE ANNOTATED SECTION 42.09 (a)(2)-(3):Texas law deems “cruel” situations where a person has failed to act or failed to provide care for an animal. Failing to act or provide care rises to the level of cruelty when it involves either: (1) failing to provide necessary food, care or shelter; or (2) abandoning unreasonably an animal. Tex. Penal Code Ann. § 42.09(a)(2)-(3).
“Necessary food, care, or shelter” is statutorily defined to include “food, care, or shelter provided to the extent REQUIRED TO MAINTAIN THE ANIMAL IN A STATE OF GOOD HEALTH.” Id. § 42.09(c)(5).
This means getting the animal shots to maintain the animal's state of good health.

In short, you've got a couple of strikes agin ya according to this Texas animal penal code: Right to Harm an Animal Statute and Failure To Act Statute.

The state could argue that the cop was with an officer of the Animal Control Unit and thereby acted accordingly. Not only that the Penal Code favors his actions.

Best thing to do is take the quarantine. Get the dog his shots. That way you'll be covered and not breaking the law according to this code.

Best of luck

"They say that Lady Justice is blind but i do believe the old girl is peeking."
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:16 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.