Citing RSA 265:105–a (Supp.2012), which prohibits “text messaging” while driving, the defendant asserts that talking on a cell phone while driving is not prohibited and, therefore, cannot constitute the requisite blameworthy conduct. Contrary to the defendant’s argument, however, conduct that is, itself, not prohibited, including use of a cell phone while driving, may constitute the requisite blameworthy conduct when such use results in inattention or distraction. Indeed, “the state had no burden to show that driving while using a cell phone is always risky or dangerous, or that it, of itself, creates a substantial and unjustifiable risk, only that [the defendant’s] use of a cell phone in this case created a substantial and unjustifiable risk because it interfered with her ability to maintain a proper lookout for [pedestrians].” The issue here is not whether cell phone use while driving is per se blameworthy. Rather, the issue is whether inattention caused by cell phone use or any other “legal” activity, resulting in the failure to avoid a pedestrian in a crosswalk, demonstrates a level of carelessness the seriousness of which should be “apparent to anyone who shares the community’s general sense of right and wrong.”