text: Second of all, phones are considered illegal in some states which can cause a ticket or fine to be paid for. Even if the state says it's legal, you can get more of a bigger pay fine if the driver were to violate any other law and proven that the person was using a phone. The fine or ticket can be a bigger punishment for those using a phone while driving in most cases that involve accidents. More legal actions can occur from using a phone while operating a phone as well.