View Single Post
  #9 (permalink)  
Old Tue Sep 02, 2003, 01:50am
GarthB GarthB is offline
Official Forum Member
 
Join Date: Aug 2000
Location: Spokane, WA
Posts: 4,222
I look at 9.02 (d) similarly as I do 9.01 (c) in that if there are specific rules that cover the issue, it is best to use them and not rules in the 9.01 area.

Throwing at a batter is covered by rule. 9.01 (d) is best utilized for unsportsmanlike behavior that is not separately covered by rule.

A comparison would be: Tom assaulted Bill in front of several witnesses and clearly committed battery on his person. The police arrived and charged Tom with unruly conduct instead of assault and battery.

As a former officer, I can tell you that when there is a behavior specific ordinance, statute or law, it will be used for the arrest charges. The "catch all" laws are dragged out for when the behavior is not issue specific or for when the idiots in the DA's office want to negotiate a plea.
__________________
GB
Reply With Quote