I do agree, I was not in a position to walk the dogs at that point and I'm still not physically strong enought (as I was before I got pregnant) so I don't walk them anymore. I will take responsibility for that, so if that means the ticket... I guess it means the ticket. However, the ticket isn't for my dogs being on her property, it's for "dogs at large" which means dogs off a leash, so my opinion is that she should be getting one as well, if we are "going to go there".
However, her dog DID leave her property, and mine ran onto her property, so all in all, when it all boils down we are both at fault for NOT controling our animals. And mine didn't start on her property until her dog was already darting 1/2 way across her yard (not that legally it makes a difference, but rather that HER dog instigated the situation)
No she does NOT have a fence in her front yard. For those who were inquiring about this.
My dogs were on leashes, but I let go when I fell because I didn't want a medical emergency. I had a split second to make a decision, and I'd make the same decision if I had to do it again (actually, I wouldn't take the dogs with me if I had to do it again, but if I had to change that one part of let go or be drug around the yard, I'd let to- again)
And, I'm not a sue happy person, all these malicious lawsuits make me sick. However, I can't help but think (and I hope you don't judge me for this!) that if I did hang onto the leash and my dogs drug me, behind her dog who started the entire thing (I know, that sounds childish-sorry) and my scar ripped open and my guts fell out and an ambulance was called, how much liability she would have in the matter. YES, it would have occured on her property. But it would have occured with her dog who was off his/her leash first, and her dog DID leave her property.... so I think I did what was best for all of us in the situation by letting go because believe me, if that scar ripped open, she would be in a suit with me.
how do I respectfully touch on this "opinion" in court????
The officer mentioned her dog had been previously attacked by other big dogs in the neighborhood, which leads me to believe her dog has been a nuisance before and she has been 'out of control' of her dog previously, which might help my defense.
I'll investigate the information of the law not being publically published... that might be the way to go!
I wasn't really serious about the CPS thing, I mean, it was a thought because I'm so freaking pissed at this nutso, but It woudn't be worth my time or energy and it would clearly be retaliatory. I will however use the "she left her child on the porch, how scared could she have been???" defense in court.
Thanks to everyone for taking the time to respond, I appreciate the different opinions and insight.