The penalty would indeed be greater if drinking was involved, but intent matters and it seems to not be the issue here, in what reads as a simple accident. HE could have chosen to wait before going also, is that not what we are told to do, to not assume the other guy will stop ( or turn, or yield, or whatever )?


Our Liberties We Prize and Our Rights We Will Maintain If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and will never be.----Thomas Jefferson