Discretionary laws

Once again Ms King, The Minister of Police and Laws of Common Sense, has reached deep into her grab bag of legislature to cover every eventuality, notifying us of the intentions to ban cellphones whilst driving is to be discretionary.

Another diversion from Liarbour's fraudulent electioneering spend. So many diversions to offer in so short a time and no money to pay for upfront campaigns.

But, if laws are properly drafted in the first instance to cover all cases, why the need for such discretion? Either the cellphone is being used or not in said vehicle. A crime has been committed or not. I am sure that if I was sitting pissed in the driver's seat with key in hand, Mr Plod would quickly find some non-discretionary way of applying the law even though technically I was not operating said vehicle. Why should it be any different for any other crime?

Would that be the same discretion that is being applied to to all breaches of the EFA when it affects Liarbour?