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Behind-the-Wheel

Officer should have exercised discretion

The 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 website. 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.

 

The author is a retired constable with many years of experience in traffic law enforcement. To comment or learn more, please visit drivesmartbc.ca.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.



More Behind the Wheel articles

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About the Author

Tim Schewe is a retired constable with many years of traffic law enforcement experience. He has been writing his column for most of the 20 years of his service in the RCMP.

The column was 'The Beat Goes On' in Fort St. John, 'Traffic Tips' in the South Okanagan and now 'Behind the Wheel' on Vancouver Island and here on Castanet.net.

Schewe retired from the force in January of 2006, but the column has become a habit, and continues.

To comment, please email

To learn more, visit DriveSmartBC



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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