On Sept. 8, Ramsey County Attorney John Choi announced his new "charging policy regarding non-public-safety traffic stops," which mandates that his office will not charge crimes stemming from a traffic stop of a vehicle for "non-public-safety reasons." The policy means the Ramsey County Attorney's office will no longer prosecute felony cases where the driver was initially pulled over for a minor traffic violation.

While this move attempts to address racial inequities and prevent future tragic police encounters Choi overlooked the valuable purposes of obtaining and using evidence from traffic stops.

We are in a moment where public conversation has rightly focused on what needs to improve when it comes to public safety and traffic stops. What we have not discussed enough is how routine traffic stops help police and the victims of crimes. Acknowledging this and implementing some exceptions in the new policy would ensure it is effectively used.

For example, it is common for police conducting routine traffic stops to find a domestic abuse victim in their abuser's car. Whereas a victim may have been afraid to report a violation of a court restraining order, an officer who pulls over the car for, say, a broken taillight and discovers such a violation can arrest the driver. Such an arrest can help a victim.

With the number of shootings and murders we have seen in the Twin Cities this year, we should all be concerned about illegal weapons in the community. Though recent statistics regarding guns confiscated by St. Paul police are not publicly available, the Star Tribune reported in 2018 that the Minneapolis police had confiscated 704 illegal guns off the streets, many in the course of traffic stops.

Additionally, this policy could unintentionally lead to more unprosecuted drunken driving incidents. According to the last comprehensive survey by the Department of Public Safety (2017), there were 24,862 DWIs in Minnesota, with 2,121 in Ramsey County. Under this policy, if a St. Paul police officer stops a driver for having no brake lights, and after speaking with the driver suspects him or her to be under the influence of alcohol and having a prior record (making it a felony offense if prosecuted) the driver will not be charged.

Per the policy, since this encounter began as a routine brake light stop, no felony charges could apply. The officer could arrest the drunken driver to take him off the road, but he would eventually be released without any charges.

We can expect Ramsey County will face challenges because it does not have the legal authority to decriminalize certain conduct. While county attorneys have broad discretion in their criminal charging decisions, they must evaluate each case individually on its facts and the law. Only the Legislature can create or repeal statues regarding crimes.

The goal of the policy is commendable; the public wants to see reforms. However, this policy's methods are flawed, threatening many unintended consequences. The side effect of enacting the policy, intended or not, is that the Ramsey County jail will become a 48-hour time out for people who violate the law and for whom there is sufficient and, importantly, legally obtained evidence to arrest and convict.

Joseph Tamburino, of Minneapolis, is an attorney.