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NEWPORT NEWS-Tougher penalties went into effect in July for drivers in Virginia who text or email behind the wheel.

Texting while driving is a primary offense, meaning officers can now pull over drivers they suspect are using their phones to text or email.

In a 13News Now Investigation, officers told us they don't think they can truly enforce the new law because although drivers can't text or email, they are still allowed to use their GPS and make phone calls.

'I'm not going to write a ticket if I have to tell a judge, 'I think,'' said Newport News Police Officer Skip Blanchard.

Blanchard says he hasn't issued one texting while driving ticket.

'It may look like somebody is texting, but how do you know they're not scrolling in their phone directory,' Blanchard asks.

Tonight on 13News Now at 6, we get to the bottom of these concerns, tell you how many tickets have actually been written and ask one lawmaker what can be done to help enforce the new law.

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