Saturday, March 18, 2017

Ithaca DWI Lawyer: Probationers Can't Have Aggressive Dogs

This one is very cute, dressed up.

If you are placed on probation for a New York misdemeanor DWI it is usually for three years. Felony DWI probation is five years. I recently finished up a felony DWI case in Waterloo, NY (Seneca County) and reviewed the terms and conditions of probation with my client. Generally it all the same words and language, and conditions, over and over, from county to county.

BUT this time something caught my eye, I'd never seen a condition of probation supervision and monitoring that limited the right to own a dog?

People Love Dogs and People on New York State Probation are Now Losing that Right

People on probation lose their guns, their rights, and now their pets? This time probation said "NO aggressive breeds of dogs." First off, the terms and conditions of this probation department did not spell out what they meant by aggressive dogs?

Are they the known aggressive breeds of dogs, like Rottweilers, Pitbulls, Dobermans? Or do they have a specific class of dogs beyond these? I was curious. I guess I can understand from a probation monitoring and supervision standpoint them not wanting to pay you a home visit if the probation officer was in danger. After all they do pay probationers home visits, and these can be confrontational if you have any drugs or alcohol in your possession or your home/apartment.

Probation officers can come to home and check for drugs and alcohol any time they want.
They can check you by breath or urine or blood any time they want.
They can demand your whereabouts anytime they want.
This one is not so cute?

Now they (the government) can decide your choice of pets or dog breeds. I guess I could argue it's the dog, and not the breed that can be aggressive.

How many pets other than dogs can be dangerous and aggressive? I have people on DWI probation with lizards and snakes. I guess under these provisions or conditions they could have them get rid of these pets.

I guess it is all a sign of the times but a client with a friendly Akita would need to get rid of their beloved family pet and guardian with a sentence to DWI Probation. Just another thing to think about.