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pessimizer 33 minutes ago

This should be the law but it will never be. If your vicious dog murders someone, you will get a ticket. When you intentionally break a traffic law and kill someone, it's involuntary manslaughter (at most.) It's a mitigating circumstance if you say that you were drunk when you committed a crime. People are really hostile to accepting the results of acts that they embarked upon fully aware that those results were a distinct possibility - even if the benefits that they anticipated from those acts were partially due to the riskiness of those acts.

It leads to a society where people are economically encouraged to take risks with other peoples' safety. The initial sin was mens rea, which turns judges and juries into mandatory mind readers. It opens up the possibility of prosecuting people for changing the states of other people's minds. It makes not knowing the risks a mitigating factor, so incentivizes and encourages ignorance. It forces people to guess the internal states of people of vastly different backgrounds and experiences, who will think the best of the people most like them, and the worst of people most like the people they don't like.

I've always been against penalties for drunk driving. The correct alternative is to tell people that if they're drunk and involved in an accident, 1) the trial will ignore the details of the event and concentrate only on the validity of the tests of intoxication, and 2) the crime will be considered to have been premeditated. Ignorance of the law will actually be the only excuse.

edit: instead of posting checkpoints on the road with cops giving everybody sobriety tests, post cops in front of liquor stores whose job is simply to tell people "if you hurt somebody while driving drunk, you will not be entitled to a trial unless there is something wrong with the sobriety test."