The state of California has already banned driving while talking on a cell phone without the use of hands-free technology, and sending text messages while driving is next to be banned.  The new law prohibiting adults from texting and driving goes into effect on January 1, 2009.

Prior to the law banning text messaging, a driver believed to be text messaging could only be pulled over if they were violating a different traffic law at the time.  But now, drivers believed to be reading or writing a text message can be cited by police.

"This new law applies to electronic wireless communications devices used to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail," according to the California DMV web site.

The minimum for the first infraction is $20, but the total fine can be tripled after court and administrative costs are added into the base fine.  Each subsequent offense will cost drivers $50 or more.

In July, the California law forcing drivers to go hands free also banned text messaging for people under the age of 18.

It's unknown how police will differentiate when a driver is looking at their phone for directions, which could prove to be an interesting if people attempt to fight texting tickets.

Despite the need to use Bluetooth or other hands-free technology, it's still very common to see drivers with a phone up to their ears.