Legal Question in Traffic Law in California

Dog in Pick-up

I was given a ticket for having my untied dog in a pick-up truck bed.

Based on 23117 (A) VC, the situation hinged on whether I was in a rural or urban area. I requested a trial by declaration and lost. I appeared before the Judge at Superior Court, prepared to show that according to the Census Dept, our town is Rural. The Judge 'felt' it was not rural and ruled against me.

I am now thinking that it was up to the Officer to prove that the area was NOT rural.

Would this be considered an error on the part of the Judge, such that I am entitled to be heard in Appellate Court?

It is important because beyond the price of a single ticket, this is a major crimp in our lifestyle.

Thank you.


Asked on 3/03/09, 6:12 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Dog in Pick-up

You should have asked for a Statement of Decision in order to be entitled to a detailed statement of his reasoning, and the lack of one could hurt your chances on appeal, but I would appeal anyway.

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Answered on 3/03/09, 7:44 pm


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