Smoking is more provable, controllable, and doesn't involve a highly invasive seizure and search, the results of which are questionable anyway.

We get all up in arms about relatively small numbers of needless deaths and ignore any of many elephants in the room, one of which is the fact that tobacco is a huge, profitable industry that has a vast lobby and kills nearly a half-million people per year.

All I'd like to see is a sense of scale to our outrage. Both distracted driving and smoking involve personal, silly choices, both of which can kill others. One is 141x more likely to kill; let's fight that first instead of yet further eroding privacy.