Yes, you're right. I guess I was thinking in a more general sense of being held accountable. I guess in an actual trial, the prosecutor would have to call expert witnesses to get testimony about ring-tone download time, speed estimated from skid marks, etc. It's a shame none of that evidence will be heard.

Thinking more about this, how did we know that Jennifer Stark was downloading a ringtone? There were no passengers, correct? I assume she made some statement to the police. Doh. She might have benefited from "right to remain silent" in that regard. Or did the police go to the trouble to subpoena computer records for ringtone downloads, or her personal phone records??? More evidence that will never be heard in court.