This one hasn't gotten away yet, texting motorist indicted
 

for hitting, killing cyclist. The indictment also specified driving under the influence (of prescribed meds).

http://www.latimes.com/news/local/la...,1798201.story

`A grand jury indicted him Nov. 10 on charges of vehicular manslaughter with gross negligence and driving under the influence.'

... ultimately, to them, he's not a texting driver, he's a drunk (well, high) driver. Which are occasionally put in jail and have been for a long time.

Aye--it would be even better if they expounded a bit about the drugs circumstance as well: they were prescription medicines, but were they prescribed to him or was he taking them illegally? I would bet the latter; this would be a huge step forward if the former.