It isn't that hard
Posted on: March 30, 2021 at 09:10:09 CT
4TigersinMichigan MU
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It is why jaywalking is an example I use. Jaywalking in a of itself poses no danger to anyone, but doing it when streets are crowded and cars are flying is. So if someone is jaywalking at 3:00 am on an empty street, there is no point at writing a ticket for it. However, if it happens at noon on St. Patty's day and causes 3 cars to come to skidding stops, discretion would say that is a violation of the law consistent with why there is a law.
That is the discretion every person of authority in every aspect of life uses to make decisions.