> Straw man. Harsh and arbitrary are mostly orthogonal.

It's "arbitrary" because it's something that the legislature has not specifically allowed for. We do not allow judges to make up things on the spot for good reason.

> I do. If the headline were she got years in jail, I'd bet at least a few families would weigh the cost of confronting a relative against the risk that they have to see them behind bars.

I think the chance that grandpa might see prison time for driving is not really something that is going to change things much for families compared to "grandpa might kill someone" or "grandpa might get himself killed."