You're basically saying, "Many motorists won't follow the law, and their attempts to avoid being caught increase the hazard they present even more, therefore we should change the law." This is the same approach that is used in setting speed limits. If most of the motorists are exceeding the speed limit, the limit is raised. It is my belief that this doesn't work out so well; yes the number of deaths for motorists is declining, but that doesn't mean the increased speeds are not killing nonmotorists or having a negative impact on people's choices of how to get around.
While we're at it shall we scrap what's left of speed limits, stop signs, right of way, traffic signals and the rest of the road safety infrastructure? After all, most motorists routinely violate those things as well and their adaptive behaviors to avoid being caught to (marginally) increase the hazard.