The whole thing with Margarito, in a nutshell, is you can't punish a man for what ''could have'' happened.
You get stopped for a DUI. Sure, you COULD HAVE killed someone, but did you? Should you be punished as if you had actually killed someone?
Should Roger Huerta be on death row, because he COULD HAVE killed that dude in the video we've all seen recently?
He was given a sentence and served it. Now what? YOU didn't agree with it, so he should have his opportunity to support himself and his family, because YOU want to take away his livelihood?
If you are a truck driver, get a DUI, pay your fine and have your license suspended for a set amount of time, should you never drive truck again?
You could have killed someone.