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While I don't personally use pot or even have strong feelings on it one way or the other; I'm a little disappointed in the arrest. If I'm reading it correctly the 'victim' would have been at fault because he didn't use a signal light to cross the road and stepped out into traffic but because the driver was believed to be under the influence at the time he was at fault. The driver is now going to face jail time and a civil lawsuit over something that really was the pedestrians fault. I don't think justice is being served here.
Driving under the influence is driving under the influence.
Always has been illegal. Always will be.
That's nothing new.
By your logic, the very fact that alcohol is legal enables more deaths due to others' negligence, i.e. drunk driving which kills thousands of people every year.
Does that mean we should return to prohibition?
When we did do that in the 1920's, not only did the problems remain the same, society also witnessed an increased volume of violence on the streets due to the money indirectly funnelled into the gangs which supplying the contraband.