I agree 100%!! In july, I was involved in an accident with a 16-year old girl who was not texting, but talking on her cell phone. She was pulling out into traffic, and never looked to see me coming down the road before she pulled out. I had nowhere to go, no room to stop, and I hit her right behind her door. If I'd hit her just two feet farther forward, she'd be worm chow. She had only had her license for less than 3 weeks! She got a ticket, but pleaded not guilty, after her insurance had already paid my claim against her. Her father got a lawyer, and they were banking on me not showing up in court as a witness. Her attorney had already made a deal with the judge prior to trial. Had I and the police officer not shown up, her case likely would have been thrown out. When the case came up on the docket the attorney said, "your honor, since the prosecution witnesses have come to court, we plead no contest. I was immediately dismissed, never got a chance to speak, and the girl got off with a "I'd better not see you in here again, or I'll let you have it lecture". I was madder than hell. >
In Oklahoma, 16 year old drivers have a restricted license. If they get cited for a moving offense during that first year, the restrictions are impossed for another one or two years. She was given no such punishment. That's the justice system for ya.
My nephews, who drive, and often go observing with me, know better than to get involved in a texting session when we're observing or if I'm in a vehicle they're driving because they know I'll let them have it. I've let them know in no uncertain terms that's a mistake. People with cell phones who have no sense of etiquette or decorum get no quarter from me.