Just like it is against the law to leave the scene of an accident where a person was injured, it also against the law to leave the scene of an accident where certain animals have been injured. In other words, if you hit a dog and that dog is injured, you must report the incident to the animal's owner or to a police or peace officer. If you fail to do so you could be charged with a traffic violation. Under New York Vehicle and Traffic Law § 601 if you are in a vehicle accident and you hit a dog, cat, horse, or an animal that is classified as cattle you must inform the owner or custodian of the animal or a police or peace officer, and give that person the following information:
In addition, you must make a reasonable effort to make sure the animal receives appropriate attention.
ExampleWhile driving through a residential neighborhood, a dog runs in front of Kylie's SUV. Although Kylie slammed on her breaks, she ended up hitting the dog. The dog lay in the street whimpering. Kylie asked a few bystanders for the name of the dog's owner, but no one could provide the information. So Kylie went home. Kylie could be cited for leaving the scene of injury to certain animals without reporting. Even though she was unable to obtain the name of the owner of the dog, she could have called the police. Furthermore, she made no effort to make sure the dog received appropriate attention.
Related OffenseIn order to be convicted of leaving of injury to certain animals without reporting, you must have known that you hit and injured an animal. For example, if it is dark outside and you hit a dog without knowing it, you have valid defense to such a charge. Also, if the animal is not a cat, dog, horse, or animal that is considered cattle, then you cannot be convicted for leaving scene of injury to certain animals without reporting.
SentenceLeaving scene of injury to certain animals without reporting is a classified as a traffic infraction. If you are cited for committing this offense you will have to pay a fine of up to $100. For subsequent offenses the fine will be $50-$150. However, if the animal is a service dog then the fine would be $50-$150 for the first offense and $150-$300 for subsequent offenses.
New York Vehicle and Traffic Law § 601: Leaving Scene of Injury to Certain Animals Without ReportingAny person operating a motor vehicle which shall strike and injure any horse, dog, cat or animal classified as cattle shall stop and endeavor to locate the owner or custodian of such animal or a police, peace or judicial officer of the vicinity, and take any other reasonable and appropriate action so that the animal may have necessary attention, and shall also promptly report the matter to such owner, custodian or officer (or if no one of such has been located, then to a police officer of some other nearby community), exhibiting his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, giving his or her name and residence, including street and street number, insurance carrier and insurance identification information and license number. Violation of this section shall be punishable by a fine of not more than one hundred dollars for a first offense and by a fine of not less than fifty nor more than one hundred fifty dollars for a second offense and each subsequent offense; provided, however where the animal that has been struck and injured is a guide dog, hearing dog or service dog, as such terms are defined in section forty-seven-b of the civil rights law which is actually engaged in aiding or guiding a person with a disability, a violation of this section shall be publishable by a fine of not less than fifty nor more than one hundred fifty dollars for a first offense and by a fine of not less than one hundred fifty dollars nor more than three hundred dollars for a second offense and each subsequent offense.
Contact the Law Offices of Stephen Bilkis & AssociatesAlthough leaving of injury to certain animals without reporting is not a crime but a traffic violation, if you are cited for this you could be required to pay a fine. Furthermore, if you are convicted points will be added to your driving record leading to an increase in your insurance rate and the possible suspension of your license. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with criminal mischief as well as other felonies and misdemeanors such as grand larceny, burglary, and assault. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.