Would you like to know how I would fix the problem?
I would. Please proceed...
Therefore, impairment testing, such as the "road sobriety test" and various other more high-tech means, would likely replace the breathalyser or blood tests as measures of impairment.
But is this possible/feasible? Is there really a way to measure sleepiness or distractedness or whatever else? If there is, your idea I think is something I would agree with.
Distraction, probably not. At least, not a roadside test. If you're weaving, or having difficulty maintaining speed, you're probably distracted enough to call you "impaired." For other types, such as tiredness, the good, old-fashioned, roadside sobriety test, where they make you walk the line, close your eyes and touch your nose, etc, is a pretty good metric. And like I said, there are other more high-tech ways. Here's a company I found after a few minutes of Googling:
http://www.eyedynamics.com/products.htmI'ven't ever heard a plan like this, but it is indeed quite intriguing, particularly the last paragraph.
Restitution is the cornerstone of private law. Rather than paying the state a fine, you pay your victim back for the damage you caused. It's been used before, for instance in Medieval Iceland.
Oh, I see. A fascist state to solve three problems which don't exist.
Fascist state? No, I think you're confused. What I am suggesting is
removing the state from the equation.