I don't see this going anywhere.
Driving is a legal licensed activity, so driving infractions can be penalized by suspending or revoking the license and impounding the vehicle (which can't be driven by its unlicensed owner).
Cellphones are not licensed. There is no basis to confiscate them anymore than there would be a basis for confiscating your dog or sunglasses or ipod or any number of things that might distract you while driving. They're also not evidence of a crime either - not in cases of merely distracted driving anyway.
Can't see this going through, and if it did, I imagine it would get tossed the instant it hits anything that looks like a courtroom.
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