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We don't have the full details, just what the article says.
The article simply states the bus driver has constantly had to warn students - DOESN'T state THIS student in particular.
We don't know if the kid was fucking around with the lolli, if he threw the wrapper on the ground, or if he was just sitting with it in his mouth.
Law isn't black and white, that's why we have judges to interpret vague laws like this joke of one.
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Feh.
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