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As soon as they have alcohol, they accept responsibility for their behavior.
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I've said this all along.
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Their impaired judgement is voluntary
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You have to rule people based on their state of mind that they are in. You cannot penalize them just from the get go, that is penalizing someone for getting drunk. Negligence is about intentions and not about the "consequences of." The "consequences of" comes in when they accept the possibilities...they may or may not have intentions on hurting anyone on the road, but they are drunk so they receive a different infraction.