We do have too much punishment before the crime. The real point to all of these laws is to stop people from dying somehow, right? So why not just punish the people to do bad things instead of punishing all the law-abiding citizens? I'm sure it sounds selfish, but I like to think I know when and when not to use a cell phone in a car - so don't tell me when I can and cannot use it. I will make sound judgement. But if I screw up, then by all means punish me then.
But then you threw out that DUI comment - wut. That would be just the same. If people can have a 0.08 blood alcohol level and still drive perfectly, then what's the real problem here?