Unless you can show us a court case where the charge was rejected, I stand by it being reckless driving. All the cop has to say is that he observed the driver being distracted by the animal. A judge isn't going to care about where you say the animal was at the time. They'll take the cop's word over yours. As for service animals, they're well trained, they wouldn't be sitting in the owner's lap or doing anything to distract them.