Wrong-way driver was going more than 100 mph, witnesses say

[brett_jv]

55. Depends on 'how drunk' and 'how fast' we're talking about ...

Along with the prevailing conditions at hand.

Compare a person who's a 'drinker' (i.e. someone w/a good-size tolerance to alcohol), who's at exactly .08% (an experienced drinker would really not be impaired by to any real degree), driving home one mile on deserted suburban streets, to the place where he's lived for years (hence well knows the route) from the local tavern, who's doing nothing else wrong, is obeying the speed limit, but who gets nabbed 1/2 block from his house ... because cops were sitting around watching the tavern and just made up a reason to pull the guy over ... who then passes the roadside tests w/flying colors but still gets a breathalyzer stuck in his mouth because the cops 'smelled alcohol' and they didn't have to 'prove' that they had a real 'reason' to insist on a BA test ... because the result of the test is considered de-facto 'proof' that the test was 'called for'.

... to someone darting in and out through a bunch of traffic, at night, in the rain, perhaps racing someone else, doing speeds of 100+mph.

You're right, there is no comparison in that case ... the speeder is FAR more dangerous in those conditions than the 'drunk driver'. But the speeder would get like 1/50th of the penalty when considered overall.

To me, that's not really 'just'.