A relatively simple but effective way of addressing the distracted driver is through the use of insurance costs.  Just as we have implied consent for alcohol we can come up with an equivalent for cell phone usage.  In all cases where there has been an accident or even a traffic violation, cell phone companies can be required to report on the usage of the cell phone during that time.  We do not need to know to content or even the other party involved with the call or text, just the fact that a call was occurring at this time xx.xx local time, or that a text was sent or a text was received etc.
 
This data would then automatically be forwarded on to the drivers insurance company unless the Police Officer on the scene determines that the call/text was made by another passenger.  In the case of Photo Cops the picture could be enlarged to show the passenger cabin with the relevant party certifying they were the ones making the call.  Is this perfect.  Hell no, but it is better than nothing.