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  1. #1
    Join Date
    Aug 2014
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    1

    Default Charges for Leaving Dog in a Car

    My question involves criminal law for the state of: NJ

    First I know the kind of reaction this thread is going to get so let me preface it right now with a few things.

    The dog had a water bowl with water ...both windows were down roughly 30% outside temp was 75 with a 10 mph wind.

    My dog loves the car to the point of craziness. He even once almost did kill himself just so he could be in the car. I had just moved
    to my new house and others were helping me ...he managed to slip out of the back yard fence and jump in one of their cars and get closed in. I drove around looking for him for almost an hour and couldn't find him...only to finally give up and notice he was happy sitting in their car waiting to go with all their windows closed in almost 90 degree weather. I don't know how a lab could go unnoticed like that but somehow he pulled it off. He also will completely lock up when walking past my car as in tuck his tail, lock his legs and dig his claws into the ground when walking past my car when i was at my apt thinking it was ride time. So many people looking at me while i dragged my dog across the parking lot with almost sparks coming out from under his feet. Finally, he gets a raging boner (lol) whenever he gets in the car. The point saying all this was to point out his obsession with cars.

    I'm being "charged" (if you want to call it that...more like free money for the state to pad its pension ) with NJ 422-17 A3

    Here is what happened. I was flea bombing my house due to a massive flea problem ..the dog had frontline plus and advantix (swaped when one didnt work) and the flea issue got so intense i had no other option other than massive bombing and then clean up the dog before bringing him inside. Since we couldn't be inside for a few hours i decided to take him for a ride. I had gotten a call from a friend having car issues at his townhouse. I said i had some free time and went to help him. I had to park in the visitor parking and walk over. I rowed down the windows, filled his bowl up and left. I was gone maybe 30 mins to come back to 2 police cars and some interloper near my car. I rushed over thinking something had happen only to see my dog just fine. After explaining what had happened and showing the cop i had water for him...he still kept trying to get the chief of the aspca to come ...when that failed I was freed to go and said i would be given a summons in the mail. I had just gotten the summons and this isnt about justice its about free money.

    I care about my dog more than some care about their kids. I am very protective of my dog and i would never abuse or hurt him. This dog means more
    to me than most will ever know. I don't see how this is "cruel" when i had the windows down....had water for him and clearly wasnt gone for hours. I also
    dont see it as cruel since my dog would rather be in my car then anywhere else.

    How can i go about getting this dismissed ? My main concern isnt the money its having a conviction on my record which will cost me my job. My contract with my job says any record at all will result in termination, no exceptions. If I lose my job i will most likely lose my house as now i will have a harder time finding another job quick enough with a "record". Do I even have a chance of getting this dismissed? I'll pay a "fine" within reason if it means i wont have a record and that they dont try to give me any community service (sorry 13 amendment was supposed to abolish that).

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Summons for Leaving Dog in the Car in New Jersery

    Even with windows down, it could still have gotten well over 100 degrees in a half hour.

  3. #3
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Summons for Leaving Dog in the Car in New Jersery

    It is unlikely to be dismissed. It is reasonable to assume you only had the windows down enough to allow air circulation, not dog or internal vehicle theft. The temps will rise dramatically inside the vehicle, you did not have a thermometer mounted to assure any passer bys'. I suggest you hire a lawyer if it can cost you your job. A used car coffin would be nice when he does die if you can afford it.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Summons for Leaving Dog in the Car in New Jersery

    Seems like everybody who leaves there dog or their child in their car has a long story trying to justify it.

    Bottom line: Dogs and children DIE when left in a car alone.

    And our lawmakers rightfully have zero tolerance for it.

    That being said,

    "I'm being "charged" (if you want to call it that...more like free money for the state to pad its pension ) with NJ 422-17 A3"

    Which prohibits leaving an animal "unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature--"

    http://law.justia.com/codes/new-jers...ction-4-22-17/

    Given the circumstances you describe (mild weather, breeze, windows open, water) you might have an adequate defense but you'd better darn well have a lawyer who knows how to present it without the "free money for the state" attitude.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Charges for Leaving Dog in a Car

    Quote Quoting NJSA Sec. 4:22-17 Cruelty; certain acts, crime; degrees.
    a. It shall be unlawful to:

    (1) Overdrive, overload, drive when overloaded, overwork, abuse, or needlessly kill a living animal or creature;

    (2) Cause or procure, by any direct or indirect means, including but not limited to through the use of another living animal or creature, any of the acts described in paragraph (1) of this subsection to be done;

    (3) Inflict unnecessary cruelty upon a living animal or creature, by any direct or indirect means, including but not limited to through the use of another living animal or creature; or leave the living animal or creature unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature; or

    (4) Fail, as the owner or as a person otherwise charged with the care of a living animal or creature, to provide the living animal or creature with necessary care.

    b.

    (1) A person who violates subsection a. of this section shall be guilty of a disorderly persons offense. Notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every conviction of an offense pursuant to paragraph (1) or (2) of subsection a. of this section, the person shall be fined not less than $250 nor more than $1,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court; and for every conviction of an offense pursuant to paragraph (3) or (4) of subsection a. of this section, the person shall be fined not less than $500 nor more than $2,000, or be imprisoned for a term of not more than six months, or both, in the discretion of the court.

    (2) If the person who violates subsection a. of this section has a prior conviction for an offense that would constitute a violation of subsection a. of this section, the person shall be guilty of a crime of the fourth degree.

    (3) A person who violates subsection a. of this section shall also be subject to the provisions of subsections e. and f. and, if appropriate, subsection g., of this section.

    * * *
    You can discuss with your lawyer how you might refute the testimony of the police officers that, under the conditions, it was not safe for your dog to be left unattended in the vehicle. A local lawyer can also advise you as to how the prosecutor handles this type of charge, and the likelihood of a deferral or non-criminal disposition.

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