03-19-2019, 11:17 AM
(03-15-2019, 09:24 AM)michaelsean Wrote: I guess my one question for this case in particular is if he's allowed to do what he did without the middle finger. Can he cite her for a lesser offense, and then afterwards decide he really should have cited her for the more serious? I mean he didn't cite her for giving him the finger he cited her for speeding. Assuming he didn't make the speeding part up, I'm just wondering if this is the right case for this.
Had he cited her for the more serious offense afterwards, I'm sure a defense attorney would argue it for a long time and call it "arbitrary and capricious" and get the more serious offense thrown out in favor of the lesser. The action in between the first citation and the second is what makes all of the difference. I mean, we could argue that the logic in saying the second citation was because of the middle finger is post hoc ergo propter hoc, but that will likely be hammered in the civil trial.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
