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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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dog caused RTA

Resolved Question:

my dog slipped the lead and ran into the road causing a minor RTA. The circumstances were that I was getting the dog out of the car on private land some 100m from the road when a pheasant flew low and the dog pulled out of my grasp and ran off into woodland. She then must have doubled back...i couldnt find her...and run onto the road. One vehicle braked and a second hit it, breaking the number plate and so far as I could see causing no other damage. No one was obviously injured. police require a statement from me. If found guilty what is the likely penalty?

Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question.
Alice H : Can you confirm that no damage and no injury was caused?
Customer:

so far as I can tell there was no significant damage. One vehicle was undamaged, the other had a broken number palate but no damage to bodywork. So far as injury is concerned, one driver told me he was unhurt. the other was very agitated and seemed to believe she had a whiplash injury...I am a retired doctor and know that whiplash pain does not onset until 24 hours post trauma so I have doubts about that.

Alice H : OK understood. There are various laws which apply to this situation including Dangerous Dogs Act 1991, Animal Welfare Act*****Traffic Act 1988. The gist of these laws is that an owner must keep a dog, in a public place, under proper control so that a person is not injured or fears injury etc. If found guilty a fine would usually be imposed. A destruction order would only apply if an aggravated offence is committed e.g. the dog bites a person and causes injury.
Alice H : There is no obligation on you to make a statement or answer police questions. However the expalanation you give amounts to a defence and one which you ought to put forward in order to avoid prosecution.
Alice H : My view in these situations is that cooperation with the police and coming forward with an explanation is better than not cooperating and facing the prosecut of a criminal offence.
Customer:

ok, I have completed the statement as outlined above and have sent it off today as I consider myself a responsible dog owner and see that the accident was caused by my dog. Hopefully I wont end up in court! I presume this is an offence in which a court appearence would be reuired.

Customer:

sorry, required

Customer:

Thank you for a most helpful answer

Alice H : Good evening. On balance I think this is the right thing to do. Worst case scenario if the police decide to prosecute you will have to attend court. Hope this helps - happy to help further if required.
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