West Virginia personal injiury attorney Tim Miley has an interesting post at his site noting that West Virginia will ban you from sending a text message while driving (a primary offense) and will also make using a cell phone without a hands free device a secondary offense.
A secondary offense means they can't pull you over if they just see you yabbering away on the phone. They can pull you over if they see you "sending a text message".
I think that when state government's do this they are just doing something to make you feel good. There's no real effect here.
First, if you are playing with your smart phone and checking your email is that "sending a text message?" What if you are checking the weather?
Second, why isn't talking on the cell phone using your hands a primary offense?
I'd say, lets just go and ban 'em. So many people are getting hurt or killed because some knucklehead is paying more attention to his phone than he is to his driving.
I'd like to see all states just ban the darn things. Pull you over and give you a big ticket if they see you driving down the road with that phone on your ear.
You'd think civilization could not have progressed to now without hurrying up and making that call.