True. But all of these can be applied to Law 1.0. If you find a clever loophole in the law which means you don't pay tax - guess what! HMRC will still come after you, and probably win. If you've found an exploit that lets you speed - you can still be prosecuted.
You're also arguing against yourself when you say an OTA update might be too slow for your emergency, but it might be too quick to be used against you. Well, the same is true of lots of law. The state can already sanction your bank accounts pretty quickly if you're a Russian oligarch. And yet, people complain that it is too slow to catch all of them.
The answer isn't to throw up our hands and declare it too hard a problem. We have human courts to work out the difficult cases ("My car was still on the old firmware!" or "My freezer has a software bug which uses too much energy on a leap day"") but for the majority of the time we let the guard-rails do their job.
And, finally, I agree with you - this is no place for "smart contracts"!