Charged with animal cruelty

[tessa78]

Hey. I was pulled over by a cop and he said he was going to give me a ticket for speeding which was fine. But then he said it was illegal to have my dog stick his head out the window while I'm driving. ALL dogs do that and they love it. I've never heard of it being illegal. So he gave me a ticket for improper transportation of an animal and a other one for cruelty to an animal. I said everybody does it all the time and he just told me if I keep up the attitude he'll charge me with a felony on top of it. So I bit my tounge and was on my way with my three tickets. Is this really illegal? How is this being cruel to an animal? And could he really charge me with a felony for that? Thanks.

[Kimble]

Each state has their own traffic laws and criminal laws. Without telling us what state you're in, there's no way we can give you an accurate answer.

[tessa78]

This is in WA

[chewy]

While it is recommended by most animal organizations that you transport your animals in a carrier or kennel I have to say it's a bit extreme to say animal cruelty. I'd take that to court and argue it. Even if it's the law that you can't have their head out the window I'd fight to get the cruelty charge.

[chewy]

RCW 16.52.207
Animal cruelty in the second degree.

(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.

(2) An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly, or with criminal negligence:

(a) Fails to provide the animal with necessary shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure;

(b) Under circumstances not amounting to animal cruelty in the second degree under (c) of this subsection, abandons the animal; or

(c) Abandons the animal and (i) as a result of being abandoned, the animal suffers bodily harm; or (ii) abandoning the animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm.

(3)(a) Animal cruelty in the second degree under subsection (1), (2)(a), or (2)(b) of this section is a misdemeanor.

(b) Animal cruelty in the second degree under subsection (2)(c) of this section is a gross misdemeanor.

(4) In any prosecution of animal cruelty in the second degree under subsection (1) or (2)(a) of this section, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant's failure was due to economic distress beyond the defendant's control.

Under Washington animal cruelty statues I don't see how this would hold up being you didn't inflict any harm to the animal let alone doing it with any criminal negligence. I'd contest it in court and point out the fact that you didn't tie the dog out of the car and, if the dog was infact in any discomfort or pain he could have simply withdrawn his wind loving snout back into the car.

[retdetsgt]

How fast were you driving? I let my dog stick her head out the window when I'm stopped, but she has to pull in it once the car starts moving.

If you were doing 25 or so, I'd say that was kinda harsh. But if you were doing 45+, I'd say you definitely qualify for #2 of what Chewy posted.

[tessa78]

How fast were you driving? I let my dog stick her head out the window when I'm stopped, but she has to pull in it once the car starts moving.

If you were doing 25 or so, I'd say that was kinda harsh. But if you were doing 45+, I'd say you definitely qualify for #2 of what Chewy posted.

I was doing 38-ish in a 30 when I was pulled over. But I've gone a lot faster then that when he had his head out and he was fine. It's not like I forced his head out the window, he sticks it out by himself and he can pull it in whenever he feels like it.

Honestly I think I got those tickets because my dog started barking when the cop came up to the window and I had a hard time getting him to quiet down. Oh, and later I got another ticket in the mail for not having a valid pet license (I had moved).

[retdetsgt]

I was doing 38-ish in a 30 when I was pulled over. But I've gone a lot faster then that when he had his head out and he was fine. It's not like I forced his head out the window, he sticks it out by himself and he can pull it in whenever he feels like it.

That's pretty fast and hard on the dog's eyes. If you went even faster, you obviously don't care much for your dog's well being.

As far as not forcing him to stick his head out the window, we assume you're smarter than your dog or your kid. If your kid didn't want to use a car seat, would you use the same logic? A dog has been compared to a 2 year old in some facets of their decision making.

Plead not guilty, but odds are you'll be found responsible. And I seriously doubt he charged you because the dog barked at him. They do that all the time, that's just being a dog. But I'd guess it was your attitude, not the dog's that got you the tickets....;)

[tessa78]

That's pretty fast and hard on the dog's eyes. If you went even faster, you obviously don't care much for your dog's well being.

I was actually on the way home from the vet where I just dropped over 350 bucks for routine check-ups, vaccines and every vitamin and heartworm medication in the book. Yes, I do care about my dog.

As far as not forcing him to stick his head out the window, we assume you're smarter than your dog or your kid. If your kid didn't want to use a car seat, would you use the same logic? A dog has been compared to a 2 year old in some facets of their decision making.

I am not a dog expert, but... unlike a 2-year-old, a dog has natural instincts and even more developped reflexes. Unlike a 2-year-old, a dog wouldn't eat thumbtacks, magnets, and dishwasher detergent. When a dog is cold, he'll go inside. If he's hungry, he eats. And if he's uncomfortable he gets into a more comfortable position. I'd think he'd pull his head in if the wind was bothering him, and I bet his eyes were closed.

Plead not guilty, but odds are you'll be found responsible.

I don't care about any of the fines, but I don't want to get convicted of animal cruelty. That sounds like I tied up a dog and beat him with a stick, or used a golfclub on a squirrel. I couldn't even hurt a fly.

And I seriously doubt he charged you because the dog barked at him. They do that all the time, that's just being a dog. But I'd guess it was your attitude, not the dog's that got you the tickets....;)

Probably.

[scott715us]

lmao at the "golfclub on a squirrel" comment...

[retdetsgt]

I am not a dog expert, but... unlike a 2-year-old, a dog has natural instincts and even more developed reflexes. Unlike a 2-year-old, a dog wouldn't eat thumbtacks, magnets, and dishwasher detergent. When a dog is cold, he'll go inside. If he's hungry, he eats. And if he's uncomfortable he gets into a more comfortable position. I'd think he'd pull his head in if the wind was bothering him, and I bet his eyes were closed.

Not especially. My father in law's dachshund eats rocks. Dogs will drink anti freeze which will destroy their kidneys. Animals instincts are developed for living in the wild, not in man's world where they can go 40mph +.

Might look into this, per Norm.
http://www.doggles.com/doggles.html

Seriously though, it is hard on a dog's eyes and nostrils to stick their face into that kind of wind. You might restrain him for his own sake regardless of any criminal charges.

[Roger Dat]

Since womens logic is that all men are dogs does that mean I can pick me up a pair of those sweet doggles??

[tessa78]

Might look into this, per Norm. ...

Now that's cruelty to animals. They could have at least made them a little more stylish. ;)

Seriously though, it is hard on a dog's eyes and nostrils to stick their face into that kind of wind. You might restrain him for his own sake regardless of any criminal charges.

Now if I had gotten pulled over on my way to the vet, I could have gotten her opinion. I think I'll call her up and get her take on it. And yes, I'll keep the window closed from now on...even if my dog starts howling and pounding his head against the glass. Sorry, pup, no more fresh air for you. :(

As for the tickets, maybe I can get the cruelty charge thrown out if I plead guilty to the other three.

[retdetsgt]

As for the tickets, maybe I can get the cruelty charge thrown out if I plead guilty to the other three.

That would be a good thing. I agree the charge is kinda harsh.

[InTheEnd]

It's all fun to stick your head out the window until another car races by taking it off. :eek: Was the dog strapped in?