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Old 09-04-2007
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Default Reckless endangerment

Would like some thoughts. On labor day, (Yes I worked) I responded do a DUI arrest where a lady had a few too many to drink and tried to drive home. She had her dog with her and I had to impound until her release from jail. Its a call that I am sure we have all worked. The Police officer onscene asked if she was going to be charged with Reckless Endangerment. The logic being, that if she had her kids in the car it would be an additional charge for jeopardizing the safety of her children.
I have never thought of this before and was wondering if anyone had filed charges and had success.
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Old 09-04-2007
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I'm thinking that PD might have been yanking your chain a little, although maybe s/he was just on my side of the "more and better animal justice" argument for a change. Reckless endangerment, at least in everything I've read, is specified as conduct pertaining to "another person." So could not be applied to conduct related to an animal. (should, of course, but not could. ) I will be very interested to hear if anyone out there has a differently worded law.

Sorry you had to work Labor Day ...
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Old 09-04-2007
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We actually have an ordinace that says you can't keep an animal in a vehicle in any way that presents a danger to the animal. Wonder if having a drunk behind the wheel would be a winable arguement in court. Guess someones gonna have to try it.
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Old 09-04-2007
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Thats kinda the nature of my post. I was wondering if this an enforced law in some areas or is this a new avenue I need to explore. I am willing to head up the charge to have animals included in reckless endangerment. Too most of us, Our animals are just as important as our kids.
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Old 09-04-2007
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Quote:
Originally Posted by Ellie View Post
We actually have an ordinace that says you can't keep an animal in a vehicle in any way that presents a danger to the animal. Wonder if having a drunk behind the wheel would be a winable arguement in court. Guess someones gonna have to try it.
Don't see why you couldn't win that argument ... very cool!
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Old 09-05-2007
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You'd really be stretching it. I would't invest the time in it. Plus you don't want to alienate a judge you may have to appear before in the future.

My $.02
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Old 09-05-2007
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I had a call once about 4 years ago. It was a Saturday night, and I was about to pop my first beer when the ol' pager went off. Got to the station, picked up my truck and my RADIO (different town) and went to the scene. A guy was pulled over for DWI and he had his giant bloodhound in the back seat. Well, I had to wrestle the dog out, put him in the back of a cruiser, and we drove him home. Luckily it was a duplex with a fenced yard, and the neighbors were home to watch the dog. As far as I know, there were never any charges brought against him that had anything to do with the dog. I was aksed if it was considered cruelty, and in my opinion it was. let's say the guy crashes, he is ok, but the dog is badly hurt or killed. That would have resulted in charges. I know this doesn't answer your question, but it is an example where there were no charges brought against him, but should have been. If I were to come across something like this again, I would persue charges.
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