What is an “Enclosure” for Purposes of Dog Laws

We have previously discussed that if harm or injury is caused by a dog within the property of its owner or keeper, for the aggrieved party or plaintiff to claim damages, it would be necessary to show or prove that the defendant owner or keeper knows or must have known of the offending dog’s tendency to cause harm or injury and that the defendant took no or insufficient precautions to prevent the same.

This tells us foremost that the sole fact of fencing or confining the errant canine is not a defense when it causes actual harm or injury to third persons, or their property, within the property boundaries of its owner or keeper. Of course, this scenario contemplates that the third person is lawfully within the enclosure, that is, he or she did not trespass on the dog owner’s or dog keeper’s property as this is certainly sufficient provocation for a guard dog to take justifiable action against the unknown trespasser.

Nevertheless, it is vital for dog owners to be informed on what constitutes an “enclosure” for purposes of determining whether strict liability should be applied – the query being, is the errant canine “at large” or “outside” of its enclosure when it caused the harm or injury? If yes, then the owner or keeper is more or less automatically liable for damages to the aggrieved party.

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In the case of Wilbur vs. Gross (1936), the Supreme Court of Rhode Island had occasion to exhaustively deliberate and arrive at the conclusion that, in determining liability for dog bites, the central factor in the definition of an “enclosure” is “that there be something to give a man reasonable notice that he is entering upon occupied premises, where there may be a dog.”

Subsequently, the Supreme Court of Rhode Island defined an enclosure under the provision § 4–13–16 as “a fence, physical obstruction or any other condition that gives reasonable notice to third parties that the area is private.” 

Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.

Criminal Law: Qualified Cases For a Diversion Program

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First-time criminal offenders, especially those who have only committed minor offenses may not undergo a traditional criminal case process. Instead of incarceration or other forms of punishment, diversion programs may serve as a more practical sentence.

Charges such as shoplifting, minor fraud charges, minor property damage, or a DUI are qualified for diversion programs. In the process toward diversion, it is recommended that the defendant considers the suggestions of his or her defense team for them to come up with the best decision to be presented to the court.

Even before the official start of the proceedings, the defense team may appeal the case to be diverted by suggesting that their client instead undergoes counseling, rehabilitation programs, or community service work. Though diversion may delay the proceedings for a few months, it comes with a cost for the defendant. In exchange for treatment at a rehabilitation center, for example, the defendant would have to pay the court as well as restitution or fine.

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Being subjected to a diversion program requires an individual to undergo counseling or treatment for a minimum of six months. During and after this period, the defendant must show improvement in the area he or she has been accused of. For a DUI or a drug possession case, the accused must demonstrate a reformed lifestyle and seek endorsement from the rehabilitation center. Once the court-mandated time has been fulfilled, the case will be deliberated upon if necessary.

Ann S. Sheeley of Sheeley Law LLC has more than 25 years of experience specializing in personal injury, criminal law, and worker’s compensation. She believes that individuals accused of crimes have a right to be represented by top-notch defense lawyers. Learn more about her practice here.

Driving Under The Influence: The Right Response To The Situation

For some people, alcohol can be a heavy temptation, especially during special occasions such as weddings, birthday parties, or any other celebration. Once the festivities are over, it is time for the attendee to go back to his car and drive home. The only thing that could spoil the evening is if he were to get pulled over by a police officer because of suspicions of driving under the influence. 

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Driving after having a drink isn’t illegal per se, but driving with a 0.08 blood alcohol level is. For the driver, getting hounded by the police can result in a stressful situation. This is a common occurrence, but most people don’t know how to react if ever this happens to them. There are ways how citizens can handle the situation and emerge from the predicament unscathed. 

Necessary preparations need to be made first before even attempting to drive. It is important that the car is in good working condition, and driver’s license, registration, and proof of insurance are all kept in an easily accessed location.

If an individual is stopped for a DUI investigation, it is imperative that he realizes that he is being watched closely. The driver must also ask that the proceedings to be recorded because it will help the defendant’s case immensely. The citizen must then be cooperative because any unacceptable behavior otherwise will be extremely disadvantageous.

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The driver can also refuse to answer questions for they are under no obligation to reply to officers in the first place, especially when it could jeopardize his legal situation. He can also opt out of those “field sobriety tests” because there are no consequences if he does not do them.

A conviction for DUI can dramatically affect your life. Seek Atty. Ann Sheeley's help you manage your situation. Visit this website for more information.