The other day wife was pulling weeds and had our older dog out of the kennel with her . He's 12 and can barely walk. She got to sneezing and went inside to get some Kleenex and the door bell rang. It was the dog catcher.and guess what she got a ticket for a dog on the loose. He was laying in my driveway. So I decided to fight it
What do you think about this
- Thread starter SALLYSUE
- Start date
copheasanthunter
Member
I would tell the District Attorney that my dog was where he was suppose to be and the dog catcher had no probable cause to enter your area and that could be considered trespassing as he had no ones permission to come on your property. Just an idea.
goldeneye
New member
I agree. I would fight this also. How stupid to get a ticket for this. I would say if you go tell your story about the dog and the age take video of him walking. Good Luck
I had a person drop off lumber for my shed years ago when my shorthair ran to him wagging tail and butt. He punched her in the nose and told me that is how he deals with dogs. I went and got my Akita and said punch him I dare you. He decided that would not be a good idea. I called and complained about him and found out I was not the first. He lost his job.
I had a person drop off lumber for my shed years ago when my shorthair ran to him wagging tail and butt. He punched her in the nose and told me that is how he deals with dogs. I went and got my Akita and said punch him I dare you. He decided that would not be a good idea. I called and complained about him and found out I was not the first. He lost his job.
blackcloud27
New member
there has to be some exceptions to lease law. dog was on your property, IMO that would be no different than a dog that has an invisable fence for containment. kind of makes it hard to play fetch in your own yard if dog has to be on lease at all times.
birdman652001
New member
state of sd...
if a dog was wandering without a owner.. its up to a city ordinance..
however.. from sidewalk to the street is consider city property, from sidewalk to house is private. if your dog of that age... and that dog was from sidewalk to house, then that officer is violating his probable cause to issue a ticket. he has no right to issue a ticket if the dog was not threatening the public, or to the officer. if the dog was merely laying down or sitting and not barking. its not violation.
id say fight it, and then counter sue for that officer for tresspassing but take it to a civil court. youd win some money.
troopers do this when they are extremely bored and want to write some tickets. he was bored.
look at it this way.
a garbage bin sitting from sidewalk to house is considered still on private property, a cop or anyone CAN NOT dig in your garbage.. however if the garbage bin was sitting on sidewalk to street, then its public. anyone, including a cop can dig in your garbage and you cant do anything about it unless you move it back on private property.
if a dog was wandering without a owner.. its up to a city ordinance..
however.. from sidewalk to the street is consider city property, from sidewalk to house is private. if your dog of that age... and that dog was from sidewalk to house, then that officer is violating his probable cause to issue a ticket. he has no right to issue a ticket if the dog was not threatening the public, or to the officer. if the dog was merely laying down or sitting and not barking. its not violation.
id say fight it, and then counter sue for that officer for tresspassing but take it to a civil court. youd win some money.
troopers do this when they are extremely bored and want to write some tickets. he was bored.
look at it this way.
a garbage bin sitting from sidewalk to house is considered still on private property, a cop or anyone CAN NOT dig in your garbage.. however if the garbage bin was sitting on sidewalk to street, then its public. anyone, including a cop can dig in your garbage and you cant do anything about it unless you move it back on private property.
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Sallysue, a couple of ideas here to fight this. Find a lawyer who is a dog owner or has issues with similar things. If you want to avoid the lawyer route, go to your public library and find out if they have books and law terms and regulations. I am sure a judge would be more willing to side with you if you know the terms and use them properly. Also, I agree with the video as evidence. Show them that the dog does not move well and since he was still on your property, they really had no probable cause to come in. Without probable cause, not only do you have a chance to get the ticket waived, but you may also be able to get the judge to let this guy know a little common sense never hurt anybody. Good luck.