^
I spoke with my friend who owns a vape shop, and (disclaimer: this is coming from someone whose word I would personally trust, but by no means is this legal advice..) he said you can dispute it and they can't press you for it.
By law, vapes are not recognized as a handheld electronic device that's illegal to use while driving. They are operationally the same as a CB radio (walkie-talkies that cops use), meaning they can be held in one hand and have a single button that you press to use. You don't have to use two hands or look away from the road while using it, so they are not a distraction.
He has multiple customers who have gotten ticketed. They all disputed it and all got the charges dropped. His advice is to not argue with the cop who tickets you, and just dispute it after.

now use that $167 to buy yourself a new mod