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Actually, the statistical error would be saying cell phone *owners* should not be allowed to drive because more accidents are caused by people who are talking/texting while driving. It would be a form of correlation = causation. Banning talking/texting on the phone while driving is looking at the statistics (up to 23 times more likely to cause an accident) and making the logical conclusion. It's the same as DUI laws and yearly vehicle safety inspections - it's about keeping the road hazard drivers and road hazard cars off of the road.
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