Both of those are hypotheticals the other side would have to provide some evidence to support in court
The investigation here was grounded in an attorney reading a report and saying “look person sent a text message at time x just before crash” and a forensic analysis instead showing that the SIM card sent the message not the person.
That debunks the claim of distracted driving based on the text message timing. That’s the point, if they have evidence someone was swapping sims or interacting with the phone to run and update that’s an entirely separate matter
Why would the type of driver who wants to putz with the phone while driving choose to kick off a process that will make the phone unresponsive for 15 minutes?
The investigation here was grounded in an attorney reading a report and saying “look person sent a text message at time x just before crash” and a forensic analysis instead showing that the SIM card sent the message not the person.
That debunks the claim of distracted driving based on the text message timing. That’s the point, if they have evidence someone was swapping sims or interacting with the phone to run and update that’s an entirely separate matter