text: In general, citizens should not use a cell phone while driving. Being on the phone while driving increases the risk of crashing. Even if you are stopped at a red traffic light, it is illegal and not safe. If there is an accident for texting and driving, there are penalties. The penalties are based on the first, second, and third offense. At each offense, there is a monetary fee and points taken off of your driver's license. If a driver has too many offenses, this could result in the suspension of an individual's license.