If you are capable of using a cellphone and driving at the same time, that should be enough. It's up to the driver to make the judgement and to pay any consequences. The special laws are a slippery slope. What next, a law against driving if you did not get enough sleep (insomnia)? How about outlawing a stereo in automobiles? How about outlawing CB's in semi-trucks? (incidentally, most truck craashes are caused by the cars surrounding them and not the trucks themselves)
Once again, we blame the object (cell phone, hand gun) instead of the person responsible for the event (crash, getting shot).
Maybe we should outlaw women wearing suggestive clothing within sight of a roadway lest a fellow turn his head and get into an accident. Maybe women should wear burkas (sp?). After all, this kind of distraction can be larger than a cellphone ;-)
2. The laws against cell phone use in a car are idiotic because there is no reason to distinguish between a driver using a cell phone and a driver eating a sandwich or applying makeup at a traffic light. Many states may already have a law on the books requiring drivers to keep both hands on the steering wheel at all times. This was why the New Jersey State Police were able to initiate their campaign against aggressive driving a couple of years ago -- any motorist who "flipped the bird" to the driver of the unmarked police cars that were used in this effort was immediately pulled over and cited for violating that statute.