Having a "discussion" with an arresting police officer is something you NEVER want to do. Nothing good will come of it.
But having a "discussion" with an
investigating police officer might be productive.
When I go to a call it's with the intention of investigating the situation, weighing the facts as best I can, and then determining how to apply the myriad of laws, regulations, and codes that are out there. And believe it or not, common sense applies too.
Unless the Code of Criminal Procedures states that I "shall arrest" for a particular infraction, I usually wait to see how things develop. You'd be surprised as to the number of people that talk themselves into jail when we'd really just like for them to go on their way.