Dog bite

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mtbroker83

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I recently went to the municipal court house because my dog allegedly bit a neighbor behind my backyard fence. The story goes as follows. My dogs are inside dogs. I went to work and they were still inside. When I came back from work around 6:30pm or so they were still inside. At the time I did have a roommate. He did let them out for a little while to go to the restroom in the backyard. Around 7:45pm Animal Control Services came over and gave me a citation for a dog bite. At that time I had no knowledge whatsoever of the incident. When my roommate came home that night he also had no idea about the incident. The two officers offered me an at home quarantine for 10 days. I did comply and took my dog Austin to Dr Becker's Animal Hospital. I was not up to date with the rabies shot but my dog did not have rabies. I am pleading not guilty because I have not been provided with any evidence or proof that it was my dog Austin who bit my neighbor. The only evidence that Animal Control Services had was that they took pictures of the dog bite. I'm not sure if that is good enough evidence alone. I asked the officers how the incident occurred and they told me that the neighbor said my dog ran from around the fence ran up to him and bit him and then ran back around the fence. I am wondering if that is enough evidence since I do have a private fence. I will also state that at the time my dog could get into my other neighbors yard from a whole in the fence but his backyard is also closed in from all other sides and he also stated it was ok for them to have more room to run around. How can he be sure it was my dog if it came from somewhere around the fence and he did not see my dog actually leave the property or enter back into the property? I have also not received any notice from the victim nor have I received or been forwarded any doctors bills for his bite wound. I was planning to get affidavits or at least letters from my surrounding neighbors just confirming that my dogs are inside dogs. I was also planning to show pictures of my dog with strangers like for instance the maintenance man or other people he is very friendly with. Also I have had 5 roommates within the last 2 years and none of them have been afraid of my dog. He also lived with another dog and a declawed cat indoors going on 5 years. I have baby sat my 2 nephews and niece several times at my residence. They are very well behave dogs. I find it very unlikely that my dog ran up to someone just to bite them and ran away for no reason. Let's stick to the facts. I have yet to receive any evidence and I'm wondering what they can come up with. Would they not at least have to get a saliva sample or check my dogs mouth for blood or size the teeth up against the bite wound?
 
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I would go ahead & plead not guilty as you were planning on doing & see what is decided in court. If you are found guilty, notify your homeowners ins. co. if any medical bills need to be paid due to the dog bite.
 
Unless the dog bite victim shows up in court and testifies as to which dog did the biting you can probably get it dismissed. A picture of the bite does not prove which dog did it. If the bite victim pointed out the dog to animal control then that is different. If they just searched the area for any dog behind a fence it seems pretty week.
 
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