MikeK
Gold Member
- Jun 11, 2010
- 15,930
- 2,495
I know that. I'm not saying they don't presently have that discretion. I'm saying they shouldn't have it because it imparts the status of a judge to them and it promotes situations like this one.With all due respect, Mike...the police officer DOES have the discretion to decide whether you get a warning or a ticket.
Warnings are issued only for minor traffic infractions by drivers who have a clean driving record. That should be the only criterion for deciding who gets a warning. Not the cop's personal judgment.
If your driving record is clean and your infraction is not serious, such as deliberately running a light or stop sign, or excessively speeding, etc., you should be issued a warning. But if your behavior toward the cop is such that he feels you deserve punishment for it, that is something aside from the traffic offense.
Antagonizing a police officer is a completely separate issue from a traffic infraction. It is disorderly conduct which must be specifically described in the officer's complaint -- much more specifically described than "Busting my chops."You've broken a law and that police officer is the on site representative of our legal system who you are dealing with. You can do everything in your power to make that officer decide in your favor and give you a warning...or you can bust his chops and probably get a ticket or worse. My question for you is a simple one...why would you antagonize the person who has that discretion? It's just plain stupid.
I believe the bottom line in this issue is had the cop not told Bland to put her cigarette out, which amounts to redundant nonsense on his part, and just issued her the appropriate summons, you and I wouldn't be debating the issue right now -- because it wouldn't exist.
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