The Officer Should Have Exercised Discretion

Good Cop, Bad CopThe subject of an officer using his or her discretion in the issuance of a traffic ticket is often part of the explanation in the discussion forum on the DriveSmartBC web site. People asking for assistance in formulating their defence in traffic court often feel that in their case the officer should have given them a warning instead of a ticket. Sometimes I agree with them and sometimes I don't.

This is not surprising as the same situation often exists among police officers discussing the same situation. We all have our own opinions, based on our experiences, about what should and should not be done. We also have to live with the decisions that we make afterward. I regret some tickets that I have written and I regret having not written some as well. I expect that we all try to do our best in the circumstances.

On the driver's side of the equation, they have likely performed the particular behaviour that caught the officer's attention many times. Nothing bad, a collision, near miss or a ticket has resulted, so the action has now become something acceptable as there is no perceived risk involved.

The officer may see if differently because they have seen where this particular behaviour has resulted in significant consequences. Because of this experience, they tend to write the ticket instead of giving the warning. Of course, this puts them at odds with the driver.

A review of both perspectives is available in the traffic courts.

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