You realize it's not that easy to actually catch them texting in motion. If an enforcement officer sees it and pulls you over, how does he retrieve evidence? Taking your phone without a warrant seems like an easy to abuse stretch, and warrant-less retrieval of phone records isn't great either? What if you use Google Voice, they won't know the difference and when your records come up clean they will be stumped. These are issues I know have come up from officers here in Iowa when the issue of enforcing texting while driving laws were brought up. Simply put the law can be on the books, but officers hands are tied attempting to enforce it.