Well we could borrow from drunk driving regulation. In California, as a condition of getting your drivers license, you agree that a cop can check you for DUI at

Well we could borrow from drunk driving regulation. In California, as a condition of getting your drivers license, you agree that a cop can check you for DUI at any time for any reason. My proposal is to extend this slightly differently. Instead you have a UI in the phone that pops up a message saying something like "It appears that you are operating a motor vehicle. Under penalty of perjury [or whatever legalese should go here] you affirm that you are not operating a vehicle," you then either click "OK," or "cancel." Then if you cause a car accident, or there's a "texting while driving" checkpoint that finds you clicked "OK" and there was no one else in your car, you get hit with severe penalties.