Probably not. But he also wouldn't if he were changing the song on his Ipod, or grabbing something out of his glove box, or checking out the girl in the car next to him, etc, etc. Everyone does something that distracts them from the road every single time they drive somewhere. Not everyone is a loser that gets drunk and kills someone though. you're a loser if you're talking on your cell phone and you hit someone and kill them, though. you're also far, far less likely to kill someone because you're talking on your cell phone than you are because you're driving drunk. http://unews.utah.edu/p/?r=062206-1 when you talk on a cell phone while driving, you're increasing the likelihood of injuring people around you. same as drunk driving. the degrees may be different, but it's still the same principle. you're being selfish and risking other people's lives when you pick up the cell phone while driving. i'm not trying to downplay what leyritz did. he did something horrible and awful and should be punished accordingly. i'm just surprised how people feel zero empathy towards him, when they themselves have very likely put the lives of other motorists in danger for selfish reasons. i'm not exempt from this, i use my cell phone all the time while driving. it's a habit i need to break.