My day from hell!!!

[mez75]

Apologies in advance for this being a long post, just need to get it off my chest.

 

We recently aquired a cocker bitch who is in a bit of a sorry state.

This poor bitch is at least 9 or 10yrs old, came to us with kennel cough, she has spent the majority of her life if not all of it, as a breeding bitch in a puppy farm.

She has problems with her sight especially at night, is possibly deaf, her hips are knackered, what teeth she has left are mostly rotten & she has what are most probably mammary tumours, to top it off our vet thinks she has had a litter sometime this year.

 

I had her out with my cockers today, in an area of about 40acres half a mile from our house, when all of a sudden & without warning she bolted for home, I guess something spooked her but don't know for sure why she did it, I chased after calling my other cockers to follow, for the state she is she can fairly shift!

 

The land we were on is a number of interconnected fields & has an exit via a style into an allotment lane which leads on to a fairly well used road which passes the end of my street, I managed to lead all my other dogs up entering the allotment lane, then as I approached the road I could see she was stood sniffing a wall on the opposite side of the road, I slowly approached so as not to spook her but she took off again, running towards my house but passed it continuing down my street with me & 4 dogs in pursuit, she then ran into the back street where two young boys tried to stop her after I'd shouted to them, alas they failed.

 

She then headed back onto the fairly well used road, as I got to the road there was a car coming from either direction, one of them a private hire car, I signalled for both cars to stop which they did but she circled them & got in front of the private hire car which had set off again, I just caught site of her being pushed along by the car before going under the front of it & yelping, I shouted & tried to bang on the roof of the car but he was going too fast & I ended slapping the rear (hatch) window with my hand, which to my total & utter disbelief shattered!

 

Fortunately the dog emerged from under the car & ran off, I made an apology to the driver through the broken window, handed my 4 other cockers to a bystander & said can you hold these before making off after this poor bitch once again.

 

Luckily a lovely couple in the other car that had stopped followed her down the road, around the corner along a road & into a cul de sac where she ran into someones house through an open door & onto the sofa, where they retrieved her for me & brought her to me, I was so relieved as at this point I had no idea which way she'd gone, I thanked this couple as much as I could through my puffing & panting (by this time I'd run about a mile in wellies & I'm not as fit as I used to be).

 

I'd left her lead attached to my other dogs leads so used my whistle lanyard to walk her back to the car she'd gone under, after having first checked her over.

 

As I got back to the private hire car I received a proper ear bashing from the passenger who had been in the back with 2 kids, telling my I should have my dog on a lead & that I shouldn't have so many, I treid to explain that I never intended to hit the window let alone shatter it but this fell on deaf ears & the abuse continued, the driver however was very calm & reasonable considering, I explained to him & offered to pay for the damage but he said it would have to go through the insurance & that he'd phoned the police.

 

At this point another driver from the same private hire firm turned up, started shouting & swearing at me & being very threatening, saying that the dog had run in front of him half an hour before, now this annoyed me as I knew she couldn't have done so as she was still on the land we were walking on half an hour ago, the driver whose rear window was broken backed me up but still this guy continued giving me abuse.

 

Now at this point my girlfriend arrived, I'd phoned her as I was walking back to the scene, she told me to take the 4 cockers home & she was going to take the other one to the vet, apparently as I was gone she'd told the abusive driver & also the taxi passenger where to go as they'd both started having a go at her, also some spectators who had gathered apparently gave the abusive driver a piece of their mind at which point he left.

 

After taking my dogs home I returned to the scene & waited for the police to arrive whilst my girlfriend took the dog to the vet, eventually a police constable arrived after 45mins, I end up being arrested on suspicion of criminal damage & street bailed to appear at the local police station in a weeks time.

 

So not the best sunday afternoon I've ever had!

 

After researching criminal damage I'm hoping that I can use section 5(2)b(i) in my defence, whereby the alleged criminal act was commited

"in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of the act or acts alleged to constitute the offence he believed—

 

(i)that the property, right or interest was in immediate need of protection."

 

After all I was only trying to prevent the dog being run over & had no intention of hitting or breaking the window.

 

After being bailed I wrote down events whilst still fresh in my mind, I've also photographed (with date/time stamp) my palm which had cuts to it & my knuckles which were unmarked, I did this as I heard a witness say I'd punched the window.

 

Thankfully the dog is OK, she has some bruising to her back & has had a tooth loosened (unfortunately one of her better ones) off to get her a retractable lead tommorow even though I despise them, don't think she be walked off lead again ever.

My girlfriend has been to see the mother of the two young lads to apologise for swearing at the abusive taxi driver infront of the kids, one of the poor lads has been in tears saying "I tried to stop it but couldn't" so was he relieved the dog was ok

 

Still can't believe the window shattered with a slap of my palm though as i am by no stretch of the imagination well built, maybe this is a technique emergency crews can use instead of glass hammers!

 

If you've got this far thanks & apologies for the really long post!

[Justintime]

just shows how an inocent act can turn into a criminal one good luck tell your flo or a revoke could be in the air best to nip that in the bud befor it starts cheers J

[KFC]

As you say mate, quite a day.

I'm not legally trained so won't even try to advise.

One thing that occurs to me about the broken window though. Do you wear a ring on that hand and did you slap the window in the corner?

 

Some years ago my old Mum had a Chihuahua that was a right bag of nerves. If it heard another Dog bark, no matter how far away, then that was it, it would bolt for home.

Fortunately it was straight across the fields to home so no roads or anything.

 

Hope you get things sorted painlessly mate.

[Devon Fox]

That truly was the day from hell.

Glad the dog was ok and I hope you get it all sorted & sorry

I can't offer advice.

Good luck mate.

[Guest gloker]

Glad you and the dog are ok. I dont think the criminal damage charge will go anywhere, but to be safe, take a brief with you (First visit in police station is free.) The taxi firm wont want to go through their insurance (have you seen how much cabby firms insurance and excess is!?) hope it all works out for you. G

[Mungler]

Get yourself a local brief - the police will be all over you to accept a caution and see this go away. Obviously you will be aware that a caution requires an admission of guilt and that's your SGC / FAC in bother.

 

Stick a call into BASC.

 

It would most likely be a ring or watch strap that would have caused the window to shatter. There may have even been a scratch or an existing defect in the rear window that left it in a weakened state.

 

Good idea photographing your hand and knuckles at the time. If it doesn't go away you may need an auto glazing expert's report on the window. On paper it's looking like you in a state of tension and a broken rear window of a passing car.

 

Making some peace with the taxi company would be a good idea - mind you, contacting them whilst you are on bail is likely to be a no no.

[artschool]

dont bother trying to prove that the window could have been defective it would be impossible to prove. best option is to go and pay whatever it takes to get the taxi owner happy, then when the police speak to him he will say he has no complaint.

 

definately dont except the caution and if its possible go and make peace(maybe via the taxi firm)to the pasengers.

 

if everybody is happy the police may just drop it especially as you were just trying to draw the drivers attention to your poor dog!

[bruno22rf]

Im assuming that the dog is insured-in which case your insurance company should be informed and sort out any legal costs.

[pigeonblasterian]

Reading your version of events i must say you have been very unlucky with what happened.

I would personally pay for the damage caused if possible and apologise then the matter may be finished.

Hope everything turns out fine for you.

[al4x]

a few things spring to mind, as Mungler says don't accept a caution. Make sure you keep a note of the witnesses in the car and if possible the other drivers. Obviously you broke the window while trying to stop the guy driving over your dog and in the panic of the moment hit the window too hard. Thats no big deal it wasn't malicious and there was no intent there by the sounds of it you've been charged so you do need a decent bit of legal representation. Check your house insurance some do cover you for this kind of thing I believe,

[mez75]

Thanks for the support guys.

 

Have phoned police station today & I'm going down to see if they will photograoph my hands or at least look at them to show there is no bruising or damage to knuckles.

 

I don't wear rings or a watch so it wasn't that which caused the window to break.

 

However my sis in law was getting a taxi home last night & who should be the driver but the abusive guy who turned up after the incident, he proceeded to tell her that somebody had dogs running loose, one of them had been hit by one of there drivers & I'd punched the window through in anger.

This guy wasn't even there when it happened, claims to have seen the dog when he couldn't have & bahaved in an abusive & threatening way towards myself & my partner who is considering reporting him to the local council as a condition of the private hire licence is that they are civil & considerate at all times whilst on duty.

 

Really wish I'd got details of the couple that followed the dog & caught her but in the heat of the moment I was more concerned with getting the dog to a vet & getting back to my other cockers.

[al4x]

keep your cool and keep it sensible with the police. Most people will understand you had to do something to try and stop the driver as your dog was under his car. Have they just charged you and putting it towards the CPS to see if they want to take it?

[kiddy1]

What a horrible experience...

 

If you were wearing a ring then its quite easy to break a window (un-intentionally), don't think the police dealt with it very well at all

[monkeyboots]

get your partner to make a complaint to the police about the abusive driver making threats and how she feared for her life etc etc you may find that the taxi firm may back down not wanting a lot of grief and the driver may back track and drop the charges if he thinks he is gonna get done for threating behaviour

[mez75]

Have they just charged you and putting it towards the CPS to see if they want to take it?

I haven't actually been charged with anything at the moment only "arrested on suspicion of criminal damage" and given "street bail" to appear at police station a week from today.

 

If you were wearing a ring then its quite easy to break a window (un-intentionally)

I wasn't wearing rings or a watch.

 

Have just returned from police station, they said they couldn't photograph my hands unless I'm charged, which wouldn't be for at least a week anyway by which time bruising etc would have gone or I could fall & skin my knuckles, however the officer I seen looked at them & said it was obvious that I hadn't punched the window, they did advise me to photograph them myself with time/date stamp, which I have already done.

[vulpicide]

Sorry to here of your plight I wonder what the ph driver reported to the police if he did not mention that he ran over your dog the police may want to speak to him as you must report any accident involving a dog to the police if he just phoned and said someone broke my window he may be at fault there. I would also point out as an ex hack driver that to try and drive off under those circumstances he was most definately at fault but you must consult a lawer.

[mez75]

Just a quick update, attended interview under caution this evening.

 

Spoke with my solicitor before hand & he was quite confident with the facts that I'd given him that this would result in no further action being taken.

 

The PC interviewing me was quite impressed at the amount of detail I'd given (pays to make notes as soon as possible after any incident), after the interview as he was showing me out he told me that he was also expecting for no further action to be taken, although I'll have to wait for this to be confirmed.

 

Just waiting for the bill for the rear screen & no doubt a claim for loss of earnings to arrive now, in all fairness to the driver he remained calm & civil throughout the incident & he had reported that he'd hit a dog, he says he hadn't seen it which I accept, so hopefully I can put this behind me now.

 

Thanks for all the support & advice it was much appreciated.

[vulpicide]

Just shows keeping calm and taking notes etc is always in your favour YIS.

[WGD]

Hope it all pans out ok for you, sounds like it's going the right direction

[Evil Elvis]

It would be obvious that you hadnt punched the window, i did once and pulled the guy through it.....there wasnt a knuckle with skin left on it, before or after he got a good slapping...........................