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ALEXANDRIA, Va. (WUSA9) -- Perched up high in an unmarked heavy duty GMC Pickup, Fairfax County Police officer Chris Huber, catches a lot of distracted drivers.

He writes about five tickets a week under the Fairfax County code: failing to give full time and attention to driving. He often sees people making phone calls, looking at their GPS, or reading their email.

But many of those distractions are still legal under state law, despite the new, much hyped texting while driving law. Many fairfax officers use the county code because it's broader and easier to prove in court and secure convictions.

Officer Huber says the new law is so detailed, its difficult to prosecute.

The Virginia texting while driving law makes if illegal to operate a moving motor vehicle while using any handheld personal communication device to:

1. Manually enter multiple letters or text in the device as a means of communicating with another person; or

2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.

A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:

1. Manually enter multiple letters or text in the device as a means of communicating with another person; or

2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.

Holding the phone while your driving, and even talking on it, is legal in Virginia. So is using a GPS device or voice detection. And, you are allowed to text as long as you're legally stopped like at traffic light.

Finally, after an hour searching for someone breaking the new state text law, Officer Huber finds a man texting while driving 60 miles per hour on the beltway.

Virginia's new texting while driving law has been in place since July 1, 2013, yet on November 22, 2013, Officer Huber, with a WUSA9 crew inside the vehicle, writes his first citation for texting while driving.

This time, it's easy for Officer Huber to make the case because the driver confesses to texting.

The driver also says he will pre-pay the fine that than go to court. That's a $125 ticket plus points on his driving record.

Fairfax County's failure to give full time and attention violation comes with a $92 fine (including court costs) and no points on the driving record, since it's not a state violation.

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