At the time of this writing, Apple’s iPhone availability widget (pictured) is showing shortages of various iPhones at Apple stores across the United States. The device is completely sold out in states like Alabama, Delaware and Kentucky, where Apple (AAPL) has a limited retail presence. In others, its availability varies, though there seems to be higher demand for black phones than white.

An impressive performance, particularly at a time when consumers are inclined to be more frugal than usual.

According to a new survey from Vlingo, a company that develops speech-recognition technology for mobile phones, 26 percent of its nationwide sample of 4,816 mobile phone users said they sent texts while driving. This despite laws against Driving While Texting in some seven states and some nasty DWT-related accidents. The states with the highest percentage of DWT drivers: Tennessee (42 percent), New Jersey (35 percent), Alabama (34), Idaho (33) and Oklahoma (31.7).

Ironically, 83 percent of the people surveyed said they feel texting while driving should be illegal.

“In just one year, the public conversation about the issue of DWT has escalated, particularly in the wake of some high-profile accidents,” Dave Grannan, chief executive of Vlingo, said in a statement. “Texting is such an integral component of our daily lives, and the cautionary tales about DWT danger have not stemmed the tide. We predicted last year that this problem would get worse, and it has since more people are texting. The good news is that many state legislatures are starting to take up this issue, and today more advanced technologies exist that can increase safety on the roads.”

My God, if one in four drivers admit to driving while texting, how many more were too ashamed to?

Familiar complaints to some iPhone 3G owners, or to anyone who’s spent any time in Apple’s support forums lately. Indeed, Apple recently acknowledged the device’s reception problems. That said, the company’s “twice as fast, half the price” messaging does include the caveat “actual speeds vary by site conditions,” which would seem to absolve it of Smith’s charges of false advertising. And, beyond that, those who are disappointed by the performance of their new iPhone 3Gs had 30 days to return the device without consequence. Which is not to say that iPhone 3G’s performance hasn’t been disappointingly subpar or that it’s unreasonable to demand that Apple (AAPL) fix it. Just that Smith had recourse other than a suit demanding that Apple pay unspecified damages in addition to repairing or replacing all defective iPhones.