Legal Question in Civil Rights Law in Louisiana

dog ordinances

My 15lb. mixed-breed dog jumped over the fence and chased an 11 year old on a bicycle. NO BITING WAS INVOLVED!! A female officer attempted to give my husband a ticket, but my husband refused and was arrested. ~ The reason he refused is that about a month ago we, and 2 neighbors, witnessed the SAME officer return a FELLOW OFFICER'S dog to his yard TWICE. When the dog AGAIN escaped BEFORE THE OFFICER MADE IT BACK TO HER CRUISER, she called the owner's wife on her cell phone IN FULL VIEW OF THE NEIGHBORHOOD. The wife then came and put the dog in the house. NOW, my husband has been told by our City Court Judge that he must either pay $281 in fines and court costs or spend 30 days in jail. Is this normal treatment for people in places OTHER than Louisiana? I AM NOT PAYING!!


Asked on 5/15/08, 5:40 pm

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: dog ordinances

YES!!

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Answered on 5/16/08, 8:03 am
Adam Lambert The Law Office of Adam S. Lambert

Re: dog ordinances

Your husband was not within his rights to refuse to take the ticket. If he felt he had a defense to the charges, his proper recourse was to go to court and tell his story to the judge. He cannot refuse to accept the ticket and accepting it would not have been an admission of guilt. The system did not wrong your husband. He caused his own problems by fighting with the officer instead of taking the ticket.

As for paying the fine, you don't have to. He can spend 30 days in jail. He will do one or the other, unless you appeal and win. Honestly, I do not see any grounds for appeal from what you have stated thus far.

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Answered on 5/15/08, 6:23 pm


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