Yes, but what about watching a movie or reading email that has already been downloaded? I believe the scofflaws will always be one step ahead of the law as technology changes so fast.
“Yes, but what about watching a movie or reading email that has already been downloaded?”
Although that of course is possible, the overwhelming use is to actively text and phone when driving.
It is easy, if necessary for law enforcement to also seize the device initially, during a fatal vehicle crash investigation, with an emergency court order for a tech to examine the device for any recent viewing, activity etc.