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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3152
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Is it illegal to have a dog with its head out of the window

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In Maricopa County, AZ or Scottsdale, Arizona it illegal to have a dog with its head out of the window while driving? (Front driver's side - Is it either animal cruelty or distracted or reckless driving?)


Possibly. I don't think it would fall under either animal cruelty or reckless driving. Instead, there is a provision of the Arizona Revised Statutes which deals with obstructing a driver's view or interfering with the driver's control of the vehicle. That provision is Arizona Revised Statutes § 28-893, which provides as follows:

28-893. Obstruction to view; interference with driving

A. A person shall not drive a vehicle when the vehicle's load or passengers obstruct the driver's view to the front or sides of the vehicle or interfere with the driver's control over the vehicle's driving mechanism.

B. A passenger in a vehicle shall not ride in a position that interferes with the driver's view ahead or to the sides or that interferes with the driver's control over the vehicle's driving mechanism.

I can easily see this provision applying to having a dog being on the driver's side of the vehicle. A dog can easily obstruct a driver's view and/or interfere with the control of the vehicle. So, this is the most likely provision which would apply.


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Customer: replied 4 years ago.

Is it a criminal or civil violation?

Customer: replied 4 years ago.

Do you know if it falls under a civil or criminal traffic violation?

Since § 28-893 falls under Chapter 3 of the Transportation Code, it would be considered only a civil traffic violation - see Arizona Revised Statutes § 28-121.

Customer: replied 4 years ago.


You are welcome.