The key words to remember for this Century are "BIG BROTHER."
While I agree that is is distracting to text while driving; so is talking, eating, playing with the radio, putting on make up, reading the paper, reaching for the lighter to light your cigarette or whatever you smoke
, yelling at the kids in the backseat, getting in your car after having an argument with your loved one, etc., etc. You get the idea.
Text Messaging is just the flavor of the day and as was pointed out, can be documented to the second.
Soon their will be a whole Industry having to do with prosecuting text messaging cases.
There will be designated Parts in the Courthouses with its own Judges, Attorneys, stenographers, court officers, etc.
Also gives law enforcement more reasons to pull you over.
They used to just have to say they saw you swerve in the lane.
Now they have a whole menu to choose from.
I know all too well about the abuse of Laws and Power. I live in New York City