Would it matter where the data was heading at the time?
Sure it does. We (supposedly) live in a fair country where everyone has right to due process.
The point is that the user was doing data transmission with her phone when her hands should have been on the wheel.
So she connected to facebook while sitting in her car idling in her driveway waiting for it to "warm up". After a while she put the phone on the passenger's seat (or into her pocket), forgot to disconnect from the network, and drove off. All the while one of the myriads of silly javascripts included in facebook kept on chattering with the facebook server without her knowledge.
Or maybe, she did indeed have a fancy client that was buffering her update while she was sitting in an area with poor reception, and automatically sending the buffered data when reception was better (i.e. seconds before the accident).