Q: Is a motion to dismiss appropriate due to lack of dog identification on a nuisance summons issued in CT?
I own two dogs, Dog A and Dog B, who recently ran loose but caused no damage. The dog warden issued one ticket with two counts of nuisance, but neither dog was identified on the summons. I received the summons while retrieving Dog A from the pound. Dog B remained at the pound until I provided proof of securing him on my property. Dog A has never been issued a summons before and cannot be considered a nuisance for a first offense, while Dog B has a history of nuisance summons. Given that there is no mention of which specific dog was at fault on the summons, would filing a motion to dismiss be appropriate?
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A:
Filing a motion to dismiss may be an appropriate action, especially if the summons does not identify which dog was involved in the nuisance. In Connecticut, legal documents like a summons should be clear about the specific party or entity involved. Without this detail, the summons may not provide sufficient information for you to understand the charges and prepare a proper defense.
The fact that the ticket combines both dogs under one summons without proper identification could be seen as a procedural flaw. This may make it difficult for you to mount a defense, as it is unclear which dog committed the alleged nuisance offense. Since Dog A has no prior offenses, and Dog B has a history, it would be important for the summons to correctly identify which dog was involved.
Consulting with the court or an attorney to discuss this discrepancy and how it affects your case is a good next step. If the court agrees that the summons is unclear, it might result in the dismissal or the need to issue a more specific ticket.
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