Those bolded statements are a bunch of BS, too. It's a weak defense. An officer can choose to give a warning, a lesson on what the law is, instead of writing a ticket or arresting the person. There is leeway in there, for the lesser offenses. It's to the officer's discretion.
I mean, you and another person have an interaction, and one ends up dead? Yeah, no leeway there. Going 3 miles over the speed limit? There's leeway.
For the latter instance, it is NOT the system. It's the officer.
EDIT: soh: that first (or second) degree stuff? Yeah, that is just silly.