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It appears that common sense is both uncommon and in short supply.
No amount of legislation will change that.
Personally, I consider that texting while driving is irresponsible and downright dangerous.
The offender should have their driver's license pulled on the spot and the car towed away.
Harsh? Yes, but nowhere near as harsh as two police officers advising a victim's family that their loss was a result of this type of behaviour.