Some Laws are Just Plain Stupid: Army Vet is Arrested in GA for Smashing Car Window to Save Dog Some laws are just plain stupid.  Take, for instance, the GA statute which makes it lawful… Scroll down to read more!




Some laws are just plain stupid.  Take, for instance, the GA statute which makes it lawful for an individual to break a window to save a child in distress but not a pet who is left in a similarly perilous situation.  




Now meet Michael Hammons of Athens, Georgia, an Army veteran and man who, smashed a car window to save a pooch in peril because “I’ve got PTSD, and I’ve seen enough death and destruction… I didn’t want anything else to happen if I could prevent it.”  That’s him below…



Michael was arrested and charged with criminal trespassing for smashing a car window and freeing a small Pomeranian mix which was in distress from a hot car outside of a store.  According to independent witnesses, a group of shoppers were gathered and waiting for police to arrive to free the dog from the enclosed car when Michael, a Desert Storm veteran, took action, smashing the window of the silver Mustang using his wife’s wheelchair leg.  




Per bystander Diane Byard:  “He [Michael] says ‘we can’t let this dog die’, and {then} he starts smashing the windows”.  Meantime responding Deputies said that the car’s owner came out of the store furious and insisted that Michael be arrested.  Oconee County Chief Deputy Lee Weems said that he would not have made the arrest but for the facts that the unnamed vehicle owner had insisted and that the law does not permit such action to save a pet, only a person.  




The vehicle owner received a citation from animal control for leaving the dog in the hot car and animal rights advocates say that they are working to change the stupid law.  Memo to the unnamed vehicle owner:  You wouldn’t have left a head of lettuce or a jug of milk in a parked car with the engine off on a hot day yet you do so with your dog?  In my estimation you’re lucky that it was only your window and not your face that was smashed in.  Leaving a pet (or a child or any living creature) in an un-vented vehicle on a hot day is both cruel and douche-baggerous.  




Michael is facing both criminal charges and a bill to fix the broken glass on the car but he says that he doesn’t regret his action one bit:  “I knew [that] there’d be consequences, but it didn’t matter. Glass, they make new glass every day, but they could never replace that dog.”  Memo to Army Vet Michael Hammons:  1)  Thank you for your service (both abroad and domestic);  2)  The statute that you are charged under is even more idiotic than the woman who left her dog in the car;   3)  If I were a local and licensed GA lawyer then I would represent you pro bono (free of charge).




Memo to the GA Legislature:  Laws are not etched in stone for all time.  They are malleable and must necessarily be amended when they prove to be unfair, unjust, outdated or outmoded.  Change that law STAT.  Domestic animal life (“pets”) is just as precious and is no less valuable than is human life.  In fact, to many of us our pets are not only as much a part of our family as is any human relative but often times they are infinitely more valuable to us than are most humans.  Personally…




Memo to law enforcement:  You have discretion, and, presumably, common sense as well.  These are invaluable tools which will help you to do your job so please, pretty please, use them.  Don’t be afraid of taking some heat for doing that which is moral and right.  Whether he accepts it or not Chief Deputy Lee Weems could have said “no”.  Short term such a tough decision may have resulted in a complaint, but just think of what good such a complaint could have produced in the long term.  Not all laws make sense…





Memo to the Folks (and most especially to the judges and jurors in this case and in GA in general – or, for that matter, in any other State with a dumb-ass law like the one at issue in GA):  There is a thing known as “jury nullification” (you can read about it here) which is an unwritten mechanism by which a trier of fact (a Judge or a Jury) can effectively toss a bad / stupid / improperly levied law (in the form of either a directed or a not guilty verdict in a specific case).  Know it and please don’t be afraid to use it.


“Imagination is more important than knowledge. For knowledge is limited to all we now know and understand, while imagination embraces the entire world, and all there ever will be to know and understand.” (~ A. Einstein)


“Creative defense lawyering demands the skilled use of imagination.” (~ M. A. Haber, Esq.)


Michael A. Haber, P.A.: Creative, effective and zealous criminal defense advocacy since 1991.


At Michael A. Haber, P.A. “Its all about reasonable doubt”.


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1



THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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