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This is universally true, and could be evidence if there are outgoing text messages logged. However, would it not be possible for an LEO to make the claim that while the driver may not have sent a text message, but the phone still distracted the driver because the driver was checking the phone to see if there were any text messages (even though no evidence of this exists)??? Then you have a he said - she said type of situation with the driver saying no, that's not what happened, and the LEO saying, yes that happened. Perhaps this scenereo is somewhat "farfetched", but it's possible.

FYI - I experienced an accident in 1997 where I was driving along Highway 101 in CA during a heavy rainstorm. A large rock rolled down the hill directly in my path and I wasn't able to avoid colliding with it. The damage to my vehicle was extensive (took out the transmission and steering). A CA Highway Patrolman drove by within minutes of the accident. I explained what happened. He wrote up an accident report and submitted it to DMV. They took a point from my license, apparently claiming that I was "distracted" and didn't see the rock - I have no idea what the "LEO" wrote in that report, but I wasn't distracted. As there was no impact upon my license or insurance, I didn't contest this. But, I think you get my point.