The subject of an officer using his or her discretion when deciding to issue a traffic ticket or not is often part of what I receive in an e-mail asking for help. Usually the inquiry is from someone who is preparing for traffic court and feels 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.
Police Discuss This Too
Coffee break discussions among traffic cops often discuss this topic as well. We all have our own opinions, based on our experiences, about what should and should not be done. These discussions are always a chance to learn from different points of view.
Living With the Decision
We also have to live with the decisions that we make afterwards. 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.
Just Because Nothing Happened...
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, no collision, near miss or a ticket has resulted, so the action has now become something acceptable as there is little or no perceived risk involved.
...Doesn't Mean it's a Good Thing to do
The officer may see if differently because they have experienced where this particular behaviour has resulted in significant consequences. Because of this knowledge, they tend to write the ticket instead of giving the warning.
Sometimes There is no Choice
Legislation can prevent an officer from exercising discretion. A vehicle impound for excessive speeding is one example of this.
Discretion Tempered by Traffic Court
Of course, this puts them at odds with the driver and a review of both perspectives is available in the traffic courts.
Other Examples
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