Well, in NYS it's not actually illegal to drive and dial, only drive and hold the phone to your ear. If you look
here,in this NYS Court Decision, it states:
Quote:
We note that the Vehicle and Traffic Law defines a "hands-free mobile telephone" as
"a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate{**26 Misc 3d at 57} or initiate a function of such telephone" (Vehicle and Traffic Law § 1225-c [1] [e] [emphasis added]).
Defendant's statement to the effect that she was activating the telephone in her pocketbook by attaching the ear piece to her ear reflects conduct which the Legislature chose not to proscribe. Furthermore, the statute specifically provides that " '[e]ngage in a call' shall mean talking into or listening on a hand-held mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone" (Vehicle and Traffic Law § 1225-c [1] [f] [emphasis added]).
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In layman's terms, it's ok to dial, but it's not ok to hold the phone to your ear. Next time you get a ticket like that, atleast in NYS, point out to the cop that he's a moron when you go to court. Do so by referencing this court case.
I dunno where the OP lives, but if it's NY, he/she's in clear if they dial while driving, by tapping the screen - aslong as the actual speaking is done via hands-free.