Quote:
Originally Posted by lyn.xes
|
The reality is that peace officers have a lot of discretion in what to charge OR to charge at all, but that discretion is "curbed" by departmental and prosecutorial discretion, which is often driven by special funding.
There might be better luck if a city ordinance were passed creating an "alternative" for a "city charge' the officer can "write" in lieu of the Texas Penal Code provisions.
For instance until MADD got involved in DWI's many towns passed an ordinance called:
"Public Intoxication in a Motor Vehicle" for which a ticket could be issued after the person sobered up in the local holding facility. Some still have it on the books.