Cellphone use is still legal, so how will police be able to tell if a driver is texting? On March 8, Police across Pennsylvania will begin enforcing the new texting ban, but Target 11 has discovered that it may not be as easy as it sounds.

Target 11 Investigator Rick Earle, and Investigative photographers Ward Hobbs and Tim Holoman hit the roads in the Pittsburgh area, and they spotted plenty of people talking on their hand-held cell phones and holding the phones. But it was virtually impossible to tell if the drivers were dialing a number, or texting, emailing or checking the Internet. So how will police be able to tell? "The fact that there's an area where you are allowed to use the phone to make a phone call does make it a little bit more difficult, but that responsibility falls on the police officer to use her discretion and use good judgment and conduct an investigation," said Trooper Steve Limani, who explained to Target 11 Investigator Earle how the Pennsylvania State Police plan to enforce the new ban. "We are going to ask them if they were texting? What they were using their phone for," Limani said. Limani said an officer has to first witness you texting while driving to pull you over. He said police officers could also pull you over for any other suspected violation as well. Once police pull you over, the officer will ask if you were texting, and police will want to see your phone, but you don't have to give it to them. If you refuse to hand over you cellphone, the officer has some other options. "It would be on us to either get a search warrant for their phone or file for a subpoena for their phone records to see when it was being activated," said Limani. Just remember police officers can't access your car unless you give permission or there's a warrant. "I think you are putting police officers in a very difficult spot," said Pittsburgh defense attorney Phil Delucente, who suggested that a total ban on hand-held cellphone use would have eliminated any grey areas. Delucente said this new law could lead to a host of problems. For instance, Delucente claimed that a mother caught texting while driving with her children in the back seat could face additional charges of child endangerment. "The gravity of this law has not been appreciated by the commonwealth or its citizens, and it's going to have serious ramifications," said Delucente, who contends that there will be plenty of legal challenges to the new law. Trooper Limani told Target 11 that the bottom line is safety. "Sometimes we're trying to protect people from themselves, along with the other motorist who are traveling on that roadway," said Limani. If you're caught texting while driving, you could face a $50 fine.