Originally Posted by Brosef
the law is clear, but the issue I'm debating and you're avoiding is the implementation of the law. you said that the officer has discretion; therein lies the problem.
I'll make this easier for you. just answer this - if you were pulled over for doing 41mph over the speed limit, would you go to jail?
the answer is that you most likely would not, and you can't deny that you would plead with the officer to not go to jail, and you'd feel cheated if the officer did send you to jail. I'm not saying you'd be wrong for feeling that way, but I do think it's completely hypocritical to have the holier-than-thou attitude you've had in this thread if you wouldn't willingly (i.e. without pleading for mercy or special treatment) go to jail for a jail-able offense.
You made your point and we're probably all in agreement. And, quit trying to get a LEO to admit to this online, bcuz he won't.