Driving while chatting: unconstitutional?

I kind of had to laugh when I heard about this story. honestly, I thought the yahoos at WBEN had planted it. Buffalo Police Commissioner Rocco Diina's niece, Tracy, got a ticket because she was driving while using her hand-held mobile phone. Let's remember: this law went into effect in November 2001. It ain't new, and it ain't a surprise. Ms. Diina readily admits that she violated the law, but she and her lawyer Jim Ostrowski argue that the law is unconstitutional and is evidence of "creeping totalitarianism". Stretching credulity to its outer fricking limits, they said that the cellphone-while-driving ban is the beginning of a slippery slope to 1984-style totalitarianism, where your private life would be melded with, and indistinguishable from, the public arena. Poppycock. By that rationale, laws against speeding, laws mandating that you keep to the right of the double-yellow, why every law in the V&TL is evidence of "creeping totalitarianism" that threatens our very existence as Americans. Buy a headset and chat all you want. Don't waste the court's time - pay the hundred dollar fine.