Getting sent to jail for 90% as long is still getting sent to jail. There are practical minimums for it (one day, which is honestly a lot shorter than I thought) just like there are practical minimums for pulling someone over. Something that’s 1⁄24 as serious as a one-day offense won’t get you an incarceration record (for one hour), and can be conveniently swept under the rug when dealing with bureaucracy. Same with getting your license revoked: even if it’s for a single minute (as opposed to a year or whatever), you still have to apply to get it reinstated and all that.
I think there are many hidden thresholds when various punishments (or rewards, or simple reactions) become relevant for things. Do you want baggage with “kind of heavy load” marked on it, that requires 1.03x the OSHA-standard amount of strength to handle safely? A fuzzy line between “general wellness” and “diagnosable medical condition” for weight?
Sure you can, but people tend to dislike arbitrary and capricious punishments. If you want a roll of the dice to hold up as valid legal reasoning in a sentencing hearing, you’ll have to reform the legal system by quite a bit first.