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It should have a major effect on your sentance if you cause an accident (max penalty?) however personally I find it more distracting to have chatty passenger than a cell phone... research shows its apparently the frequency hopping that causes people to find it more distracting... however generally its no more distracting for me than a passenger.
However if I cause an accident while using it then a penalty should be stiffer since I was theoretically not paying full attention to the road.
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