4 ms·

I'm not sure why this would make the suspect innocent ? Couldn't it be the situation that the person was doing an update and that distracted him during driving

by rvnx 5y ago

I'm not sure why this would make the suspect innocent ? Couldn't it be the situation that the person was doing an update and that distracted him during driving ?

rvnx 5y ago
or even changing the SIM card and putting it into another phone while driving ?
- jaclaz 5y ago
  Changing a mini/micro/nano SIM, removing it from one phone to insert it in another one while driving would be IMHO the "essence" of distracted driving, BUT in this specific case it was an (automatic? or previous?) update, from the article: >In this particular case, the phone had recently downloaded an update that included new baseband firmware. That was almost certainly the trigger for this message. The "recently" is "vague" enough, as we don't know how much time passes after tyhe update for the SMS to be sent by the SIM, it could be milliseconds but as well several minutes or even hours.
- avs733 5y ago
  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
  - emodendroket 5y ago
    I have to say that someone swapping SIM cards or initiating a phone update while driving also seems pretty improbable.
    - avs733 5y ago
      The proliferation of dashcams has caused me to re-evaluate the probabilities I assign to events of rank stupidity while driving.
    - lostlogin 5y ago
      > initiating a phone update while driving also seems pretty improbable Does it? I'd guess it's about 3 clicks, and certainly less than 10.
      - emodendroket 5y ago
        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?
- tgtweak 5y ago
  It also happens after a firmware update on the device.
judge2020 5y ago
I don't think the article is alluding to the suspect being innocent, just that this specific "text" was automated and can be ruled out as having been physically sent by the person in question. Other texts around the same time could still make them guilty of distracted driving.
nulbyte 5y ago
The update may occur without user intervention, which would mean very little for this case.
koprulusector 5y ago
This is a firmware update of the SIM/underlying hardware. It’s not like an OS update to iOS or Android. It’s more akin to an automatic BIOS update, but for a piece of hardware that is modular. Think Realtek driver on a NIC.
- LargoLasskhyfv 5y ago
  A while ago(3com905(X) I've been more into firmware, having heavily modified them, and much later on dabbled with Realtek Wifi. The latter usually had some Mips3000 lookalike on them, partially less, partially more because of DSP and such. This should also apply to gazillions of cheap switches which can be configured via some Windows app. So, except if you are referring to something like a RTL8139(X), I wouldn't be so sure :-) And even then I wouldn't. Bad analogy.
quickthrower2 5y ago
It doesn’t make them innocent (is innocent the right term for a lawsuit?) but it does mean this particular fact isn’t evidence of anything related to this case.
matthew-wegner 5y ago
The opposite is more likely. Updating baseband firmware is like updating your network router; it's likely to briefly interrupt the connection. They're applied by the operating system, so the OS is going to choose to automatically do them when the phone is locked with idle network traffic. It's probably more of a sign the phone is not in use.
deleted 5y ago
[deleted]
Dylan16807 5y ago
Even if they were halfway through an update, that doesn't sound like dangerous driving.

by rvnx 5y ago

I'm not sure why this would make the suspect innocent ? Couldn't it be the situation that the person was doing an update and that distracted him during driving ?

rvnx 5y ago

or even changing the SIM card and putting it into another phone while driving ?

jaclaz 5y ago
Changing a mini/micro/nano SIM, removing it from one phone to insert it in another one while driving would be IMHO the "essence" of distracted driving, BUT in this specific case it was an (automatic? or previous?) update, from the article: >In this particular case, the phone had recently downloaded an update that included new baseband firmware. That was almost certainly the trigger for this message. The "recently" is "vague" enough, as we don't know how much time passes after tyhe update for the SMS to be sent by the SIM, it could be milliseconds but as well several minutes or even hours.
avs733 5y ago
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
- emodendroket 5y ago
  I have to say that someone swapping SIM cards or initiating a phone update while driving also seems pretty improbable.
  - avs733 5y ago
    The proliferation of dashcams has caused me to re-evaluate the probabilities I assign to events of rank stupidity while driving.
  - lostlogin 5y ago
    > initiating a phone update while driving also seems pretty improbable Does it? I'd guess it's about 3 clicks, and certainly less than 10.
    - emodendroket 5y ago
      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?
tgtweak 5y ago
It also happens after a firmware update on the device.

judge2020 5y ago

I don't think the article is alluding to the suspect being innocent, just that this specific "text" was automated and can be ruled out as having been physically sent by the person in question. Other texts around the same time could still make them guilty of distracted driving.

nulbyte 5y ago

The update may occur without user intervention, which would mean very little for this case.

koprulusector 5y ago

This is a firmware update of the SIM/underlying hardware. It’s not like an OS update to iOS or Android. It’s more akin to an automatic BIOS update, but for a piece of hardware that is modular. Think Realtek driver on a NIC.

LargoLasskhyfv 5y ago
A while ago(3com905(X) I've been more into firmware, having heavily modified them, and much later on dabbled with Realtek Wifi. The latter usually had some Mips3000 lookalike on them, partially less, partially more because of DSP and such. This should also apply to gazillions of cheap switches which can be configured via some Windows app. So, except if you are referring to something like a RTL8139(X), I wouldn't be so sure :-) And even then I wouldn't. Bad analogy.

quickthrower2 5y ago

It doesn’t make them innocent (is innocent the right term for a lawsuit?) but it does mean this particular fact isn’t evidence of anything related to this case.

matthew-wegner 5y ago

The opposite is more likely. Updating baseband firmware is like updating your network router; it's likely to briefly interrupt the connection. They're applied by the operating system, so the OS is going to choose to automatically do them when the phone is locked with idle network traffic. It's probably more of a sign the phone is not in use.

deleted 5y ago

[deleted]

Dylan16807 5y ago

Even if they were halfway through an update, that doesn't sound like dangerous driving.