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Tesla Owner Attempts Autopilot Defense During DUI Stop (arstechnica.com)

It turns out driving drunk is still illegal, even with a driver-assistance system active. "On Saturday, January 13, police discovered a man in his Tesla vehicle on the San Francisco-Oakland Bay Bridge," reports Ars Technica. "The San Francisco Chronicle reports that 'the man had apparently passed out in the stopped car while stuck in the flow of busy bridge traffic at 5:30pm, according to the California Highway Patrol." From the report: When police woke the man up, he assured officers that everything was fine because the car was "on autopilot." No one was injured in the incident, and the California Highway Patrol made a snarky tweet about it. Needless to say, other Tesla owners -- and people who own competing systems like Cadillac's Super Cruise -- should not follow this guy's example. No cars on the market right now have fully driverless technology available. Autopilot, Supercruise, and other products are driver assistance products -- they're designed to operate with an attentive human driver as a backup. Driving drunk using one of these systems is just as illegal as driving drunk in a conventional car.

139 comments

  1. Not this time by inking · · Score: 0

    I don’t get what their issue is. I pilot my Jumbojets drunk all the time. Damn cops, am I right, guys?

    1. Re:Not this time by Anonymous Coward · · Score: 1

      Damn REGULATIONS you mean. If America was run by pure Libertarianism we could drive as drunk as we want and launder money all the way home! This Trump clown is just a half-measure.

    2. Re:Not this time by Ungrounded+Lightning · · Score: 2

      If America was run by pure Libertarianism we could drive as drunk as we want and launder money all the way home!

      If it was run by pure Libertarianism you wouldn't NEED to launder your money. (Unless the money got physically dirty and you wanted to clean it up rather than trade it in.)

      As for driving drunk: The choice would be yours. But heaven help you if you caused an accident that killed or injured a person or damaged someone else's property. ("Libertarian" doesn't mean "no responsibility for wrongdoing".) You'd still need to "make it right". The property (and incidental damages and inconvenience) you could fix with money. But "making right" a wrongful death or injury is more problematic.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    3. Re:Not this time by Anonymous Coward · · Score: 1

      "Libertarian" doesn't mean "no responsibility for wrongdoing". I agree that it shouldn't. Too bad it does more than not.

    4. Re:Not this time by stealth_finger · · Score: 0

      "Libertarian" doesn't mean "no responsibility for wrongdoing". I agree that it shouldn't. Too bad it does more than not.

      Yeah but say you have no responsibility for running over my kid, then I have no responsibility for snapping both your arms and legs and leaving you on the beach for the tide to come in.

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    5. Re:Not this time by dehachel12 · · Score: 2

      >("Libertarian" doesn't mean "no responsibility for wrongdoing".)
      How do you explain rich bankers getting away with destroying whole economies and receiving a nice exit-fee on top ?

    6. Re:Not this time by danbert8 · · Score: 1

      Explain to me when a "Libertarian" government has actually existed and people got away with no responsibility for wrongdoing...
       
      /me waits for Somalia to be dropped.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    7. Re:Not this time by Anonymous Coward · · Score: 0

      That's not libertarianism, that's what Democrats and Republicans support. Libertarians have never been in power to any meaningful extent, yet bankers have done that regardless of which party controls the white house and congress.

    8. Re:Not this time by dunkelfalke · · Score: 1

      No need to go that far. Russia in the early 1990ies was in practice a libertarian paradise since the government was basically powerless, the law enforcement was the best the money could buy and people could get away literally (not figuratively, really literally) with anything if they were able to pay for it.
      This is why Putin is so popular there, by the way. People consider a dictatorship better than what amounts to way too much freedom.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    9. Re:Not this time by Anonymous Coward · · Score: 0

      I think you're getting your isms mixed up.
      Libertarianism is not Anarchism.

    10. Re:Not this time by danbert8 · · Score: 1

      "government was basically powerless" doesn't describe a Libertarian government as most people would categorize it. Most mainstream Libertarians espouse a strong but limited central government. A powerless government and private security describes anarchy.

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    11. Re:Not this time by pnutjam · · Score: 1

      Nah, it's easy. We just apply a value based on what they deliver to the household. Kids are free, old people aren't bringing in any cash, so when you run them over you should get paid.

      Mom's can be replaced with some sort of daycare, we'll price out a cheap one and pay you the equivalent. Wage earners are worth 20 years of pay. Don't worry about inflation or raises, etc.

      Voila', a libertarian paradise.

    12. Re:Not this time by Anonymous Coward · · Score: 0

      Perhaps not a paradise, but compare it to what we have now.

      Someone kills your wage-earning parents. Well, sucks to be you.

      Someone kills your child caring spouse. Well, sucks to be you.

      The current system does not work well either.

    13. Re:Not this time by dunkelfalke · · Score: 1

      This describes how a libertarian government would look in the real world instead of wet dreams. Oh, by the way, Russia in the early 1990ies also qualifies because of its economical policies - laissez faire dog eat dog capitalism, privatising everything until all assets were stripped, a total race to the bottom in goods and services, sending countless people into poverty. Anarchy ist just libertarianism brought to its logical conclusion.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    14. Re:Not this time by danbert8 · · Score: 1

      As communism is socialism brought to it's logical conclusion? And an oligarchy is the logical conclusion of democracy?

      That is by definition the slippery slope fallacy. That if you are for a small government, then logically the ideal would be no government?

      --
      Yes it's an anecdote! Were you expecting original research in a Slashdot comment?
    15. Re:Not this time by pnutjam · · Score: 1

      Not true, you can collect damages. Unless an employer kills them in the course of work, then you have risible caps.

  2. My fear by CosmeticLobotamy · · Score: 4, Interesting

    My fear is that once cars are fully automated, cops will still claim you need to be sober to operate them, and being near your car with the keys will still be worth $25,000 in fines and legal fees.

    1. Re:My fear by olsmeister · · Score: 2

      Theoretically they should have no reason to pull you over, other than something like a burned out tail light.

    2. Re:My fear by AvitarX · · Score: 1

      A fear I have too.

      I don't see how they could possibly do it with wheel/pedal less cars though.

      But there will be cars that can drive unattended in some conditions and locations, but not everywhere, and I'm curious how it will be treated.

      Will a level 4 car that has a wheel and pedals for cases it can't handle (locations or weather I assume are what is meant) count as under driver control?

      I'm willing to bet yes, even when being used autonomously on a route and conditions that it's fine for.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    3. Re:My fear by Anonymous Coward · · Score: 0

      My fear is finding out how they plan to parallel construction when they can no longer use the ol' traffic violation as an excuse to pull you over and search you. Every time someone get's pinched going through the Lincoln Tunnel with guns I wonder how they knew to pull him over. Considering the Port Authority always seems to be over budget for no disclosed reason it seems like they have some highly spooky security tech going on over there. Now when someone gets pulled over with a bunch of guns in their trunk, I'm not complaining. If cops enforce existing gun laws, then all this whining about the 2nd amendment is moot. The question is once they can't pull you over for "improperly changing lanes" or whatever, what tactic are they going to use to stop and search drivers in the future?

    4. Re: My fear by Anonymous Coward · · Score: 2, Insightful

      "The driver looked furtive."

      Also known as driving while Black, Native, Mexican, or Irish.

    5. Re:My fear by Aighearach · · Score: 2

      Nobody cares what the cops think or want or claim. The State Legislature will determine the rule in consultation with the DMV.

    6. Re:My fear by darthsilun · · Score: 2

      Lyft is saying they'll have driverless cars by 2020, IIRC.

      What happens then if I'm passed out drunk in a driverless Lyft?

    7. Re:My fear by cstacy · · Score: 1

      Lyft is saying they'll have driverless cars by 2020, IIRC.

      What happens then if I'm passed out drunk in a driverless Lyft?

      Depends on whether it's a "Pool" ride or not, mainly.

    8. Re:My fear by Anonymous Coward · · Score: 0

      You need actual physical control for a DUI and at a minimum that means that you must be in the vehicle. Anyone convicted of DUI for standing near their car with the keys had a terrible lawyer. If you are inside, the issue of the keys can be tricky with a car like a Tesla that is always on and doesn't require the keys to be present to drive. Features like summons could also make things interesting because you can control the vehicle from a distance, but only to a limited degree. I think you would need at least level 4 autonomy to avoid a DUI and you certainly wouldn't want to be in the driver's seat (if there is one).

    9. Re:My fear by Obfuscant · · Score: 1

      My fear is that once cars are fully automated, cops will still claim you need to be sober to operate them,

      Because the laws will still claim you need to be sober to operate them. Operating a motor vehicle, even a driverless one, will still be operating. It will take a change in the laws before you can be legally stoned or drunk while operating an AV. And that's only if the AV has no "cry for help" mode that requires a human to interact with it. You can expect that to be a clause in any DWI or DUII or whatever your state calls it.

    10. Re:My fear by Obfuscant · · Score: 2

      What happens then if I'm passed out drunk in a driverless Lyft?

      What happens if you are passed out drunk in the back of a taxi today? Are you in any way considered to be the operator of the vehicle?

    11. Re:My fear by Anonymous Coward · · Score: 2, Interesting

      Theoretically they should have no reason to pull you over, other than something like a burned out tail light.

      In California, the Highway Patrol gets to keep much of the fines that are collected for a DUI, unlike the local sheriffs or city police who do not receive a direct cut of these fines and thus don't seek out the fine as aggressively. In California this means that the Highway Patrol, aka state troopers in other states, are highly motivated to find drunk drivers and write up that violation above all others. Some people might look at that and say, "what's the problem? It discourages drunk driving" and that's true but it also has negative side effects. For example, in a run of the mill accident the first question that the Highway Patrol asks upon arriving at the scene, once it's obvious that nobody is bleeding to death, is "has anyone been drinking"? If nobody is badly hurt and worse, from their standpoint, nobody was drinking then they leave the scene of the accident quick because why waste time taking a report on a no-profit (for them) accident? They could be out chasing another DUI and the $25,000 payday that goes with it. They couldn't care less about your damaged car or who was at fault for damaging your car or your hurt neck. All they care about is getting that DUI payday. At least, that has been my experience living in California for many years now. Without exception every Highway Patrol officer that I have ever dealt with in California has acted like a dick. They have either ignored me when I needed help or treated me like dirt. They are in service to the all mighty dollar, not the people, as far as I can tell.

    12. Re:My fear by Anonymous Coward · · Score: 0

      What an odd thing to say.

      CosmeticLobotamy has shown that they care what cops will claim.

      Your rebuttal is that nobody cares what cops claim.

      Clearly you were wrong before you hit submit, but did so anyway.

    13. Re:My fear by Anonymous Coward · · Score: 0

      The question is once they can't pull you over for "improperly changing lanes" or whatever, what tactic are they going to use to stop and search drivers in the future?

      Anybody with black or brown skin gets pulled over and searched? Simple and effective from the police point of view.

    14. Re:My fear by Anonymous Coward · · Score: 0

      I agree, but there will be a lot of people who have no license and can't for medical reasons but want to be able to drive, so I think they will fight that battle. Once it's legal to be inside a fully automated car without a license, then I can't see how it would matter if you're drunk, so long as you haven't attempted to override the automatic controls.

    15. Re:My fear by Anonymous Coward · · Score: 0

      Yeah, but that's the thing...how are they going to justify that when everyone is driving on autopilot? How are counties that rely on speeding tickets for their budgets going to make money?

    16. Re:My fear by kiviQr · · Score: 1

      NOT when there are no more steering wheel and pedals.

    17. Re:My fear by JollyGG · · Score: 1

      Why is this modded as interesting? This is hardly a valid fear. Because of the liability involved with the criminality of an act like drunk driving, if legislators don't adjudicate whose at fault in driverless cars, the supreme court will. Legislatures want those lobbying dollars to flow in before the court makes the decision for them. Once the liability gets pinned on car manufacturers, good luck pinning it back on the occupants.

    18. Re: My fear by Anonymous Coward · · Score: 0

      If the taco driver steps out of the car and brings the keys with him you are still charged and convicted with a DUI. Never sleep in a car if you've been drinking.

    19. Re:My fear by Anonymous Coward · · Score: 0

      Many states and all of Canada have programs that enable officers to pull over everyone just because they were on a certain street during a certain time. Where I live they're called "RIDE" programs and are actually against the charter of rights, and were saved because the judges felt they were in the public's interest (I guess they didn't forsee the RIDE programs being used to check cars for drugs and suspicious passengers---judges always seem to trust cops until they get burned by them).

    20. Re:My fear by Anonymous Coward · · Score: 0

      You won't be alive by the time that happens. Beside technology wise, and re-adapting roads, Laws won't change...They keep adding new ones without remove old ones

    21. Re:My fear by Anonymous Coward · · Score: 0

      Driverless cars already exist in Utardistan. Nobody behind a wheel here is a driver... hence the cars a driverless.

    22. Re: My fear by Anonymous Coward · · Score: 0

      Most countries have occasional routine inspections, where traffic police ask all passing drivers for their driving licence and the registration documents of the car without any prior suspicion. In the past, proof of insurance and the last safety inspection report were also required, but insurance and inspection status can usually be checked in a database these days.

      Such inspections are usually included as part of a routine alcohol breathalyser test, though.

    23. Re:My fear by PolygamousRanchKid+ · · Score: 2

      What happens then if I'm passed out drunk in a driverless Lyft?

      The Lyft car will be programmed to drop you off at the Soylent Green factory, just outside of town.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    24. Re:My fear by mjwx · · Score: 1

      My fear is that once cars are fully automated, cops will still claim you need to be sober to operate them, and being near your car with the keys will still be worth $25,000 in fines and legal fees.

      My fear is that some people will think it's OK to operate heavy and potentially dangerous machinery whilst drunk, high or distracted. Some say this has already happened.

      If you're in charge of an automated machine, you should be sober. Liability will never be moved to manufacturers even under full automation, people thinking that autonomous cars are going to be faster going eleventy bajillion leptons and let them get wasted in the back are living in a fantasy world.

      Please note, I am not against getting high, drunk or distracted, but please for the love of whatever you worship, don't get behind the wheel of anything whilst in this state.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    25. Re:My fear by AvitarX · · Score: 1

      So driverless Lyft will be for sober passengers only?

      The one who hailed it will be the only person in the car, and the person in charge of where the car goes, and the person of last resort if something goes wrong.

      If that ends up being true, I don't really see a future for driverless tech at all.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    26. Re:My fear by Anonymous Coward · · Score: 0

      Yeah, but that's the thing...how are they going to justify that when everyone is driving on autopilot?

      Like usual? They just claim they pulled him over because he was resisting arrest.

      Yep, it doesn't make sense, but since when does it have to?

    27. Re: My fear by guruevi · · Score: 1

      Drivered taxis already don't let drunk people drive. To avoid liability drunks will need ambulances instead of driverless cars.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    28. Re: My fear by AvitarX · · Score: 1

      Are you saying taxis already don't let drunk people ride?

      Why the PSAs about if you're drunk call a cab?

      Or are you saying the passengers of driverless cars will become the driver? I don't think Lyft/Uber would go for that, they want drunk people to be comfortable using the service.

      --
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    29. Re:My fear by azadrozny · · Score: 1

      They couldn't care less about your damaged car or who was at fault for damaging your car or your hurt neck.

      Property damage, bodily injury, and fault are (usually) civil claims. The police have no need to investigate an accident if there is no serious bodily injury or crimes committed. In fact, there are many times where an officer may write a ticket to one party, but the other driver is found at fault for the accident (in whole or part). For example, a driver may run a red light when another driver collides them. The police will write a ticket for failing to stop, but if it can be shown that the other driver had time to react, and entered the intersection before it was safe to do so then he could be found liable for the accident. I don't think we want the police investigating every fender-bender, when all that is really at stake is who has to pay the bill.

    30. Re:My fear by hawk · · Score: 1

      I am a lawyer, but this is not legal advice. If you want legal advice, pay my retainer first.

      State laws vary significantly as to what constitutes DUI (or what DUI is called, for that matter).

      In some states, operation of the vehicle is required, in others "dominion and control" (being in the driver's seat [or even the vehicle] with he keys is sufficient. Nevada and California used to be split on whether the vehicle has to move (although a couple of decades later and not practicing in that area, I forget which is which).

      States also vary on what you have to be "driving" to be charged. I *think* a bicycle qualifies everywhere, but I've never had a reason to look. In some states, a horse qualifies, while in others it does not. (leaving aside the level of intoxication it takes to get noticed on the horse!).

      I think some states still allow the use of of a field breathalyzer as evidence; Nevada no longer does (although refusing it can get your license revoked). There is a two-hour clock in Nevada; at two hours and a minute, it is too late to draw blood (which requires a warrant!).

      hawk, esq.

    31. Re:My fear by Anonymous Coward · · Score: 0

      the current line I believe is if you are physically behind the wheel or not and/or in possession of the keys. a good friend was drunk started driving realized what he was doing and pulled over then hoped into the passenger seat and went to sleep. cops came a knocking on his window but ultimately couldn't DO anything since he wasn't behind the wheel in operation of a motor vehicle.. YMMV..

    32. Re: My fear by Anonymous Coward · · Score: 0

      Did he step out of the car to drive a taco instead?

    33. Re:My fear by Aighearach · · Score: 1

      Says anonymous cowherd, who is literally a nobody! lol

    34. Re:My fear by RespekMyAthorati · · Score: 1

      So driverless Lyft will be for sober passengers only?

      Or drunk passengers who are sitting in the back seat.

    35. Re:My fear by RespekMyAthorati · · Score: 1

      In some states, a horse qualifies

      I wonder how much booze it takes to make a horse drunk.

  3. DUI Laws are broad by Anonymous Coward · · Score: 0

    This is an extension of the classic problem where people are arrested for things that are not obviously drunk driving. Waiting in your vehicle to sober up (rather than driving it) is the other one that comes to mind, since police officers can hit you with an "attempted DUI" charge.

    1. Re:DUI Laws are broad by arbiter1 · · Score: 2

      Where i live, you need to put your key's in the ignition for it to be considered DUI, so its not broad, maybe if person ISN'T in drivers seat for example or (if car/truck has one) back seat?

    2. Re: DUI Laws are broad by Anonymous Coward · · Score: 0

      Remember, folks, don't feed the trolls.

    3. Re: DUI Laws are broad by Anonymous Coward · · Score: 0

      My car has no ignition to put a key into. And it's an '07, not new at all.
      Just keep the key in your pocket and the start button works.

    4. Re:DUI Laws are broad by Anonymous Coward · · Score: 0

      You're a moron Hal, good luck getting out of your DUI you fat sack of crap.

    5. Re:DUI Laws are broad by Anonymous Coward · · Score: 3, Interesting

      I was at a girls house one night drinking with her. Her dad came home, so out the window I was sent. So here I am drunk, and not at home. Knowing the rules were that you couldn't sleep it off in your truck, I ziptied my keys to the trailer hitch, knowing I was not clever enough to get them off if I was drunk.

      I am glad I did. A couple hours after I fell asleep in my truck. *knock knock knock* on the window. Hello officer.

      We went through what was going on and I told him I had some drinks and was sleeping them off. He started in on telling me he was charging me when I informed him my keys were ziptied to the bumper hitch. He thought it was the funniest thing he'd ever heard. I was let go with a warning not to drink without a ride home.

    6. Re:DUI Laws are broad by kenai_alpenglow · · Score: 1

      Seems like I recall someone getting a DUI while riding a horse. That would be similar to the Tesla situation, as the horse kinda has an autopilot and would hope it's self-preservation instinct would help keep it out of 'accidents', drunk rider or not.

    7. Re:DUI Laws are broad by cstacy · · Score: 2

      Where i live, you need to put your key's in the ignition for it to be considered DUI

      In most jurisdictions, just having the means to start the vehicle is all they need. So, keys anywhere in or near the car. They will assert that you drove the car there while drunk and parked to sleep it off.

    8. Re:DUI Laws are broad by Anonymous Coward · · Score: 0

      This is an extension of the classic problem where people are arrested for things that are not obviously drunk driving.

      I will grant that "attempted DUI" is bullshit, but being arrested for a thing that is obviously drunk driving is not an extension of that problem. It is the exact opposite.

    9. Re:DUI Laws are broad by angel'o'sphere · · Score: 1

      In "most juristictions" of retarded gods own land?
      How is it with that paradim of 'incocent' until proven 'guilty'?

      --
      Cost free eBook I read (by iBook/Kobo/Amazon/ObookO/Gutenberg etc.): "The Green Odyssey" by Philip Jose Farmer.
    10. Re:DUI Laws are broad by bored_engineer · · Score: 1

      It was a charge. I doubt that, even in Florida, she was convicted: https://nypost.com/2017/11/03/...

      It gets worse, though: http://www.newsminer.com/junea...

    11. Re:DUI Laws are broad by phayes · · Score: 1

      Back when you used to have two separate keys for the trunk and the ignition, I used to lock my ignition keys in the trunk when I had too much to drink. I got woken up by neighbourhood cops a few times, & one time I was patted down & the interior of the car was searched once but that was sufficient to avoid being charged with a DUI in NY in the 80s.

      With cars that you can start with a fob I wouldn't want to try it.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    12. Re: DUI Laws are broad by Anonymous Coward · · Score: 0

      In the USA, maybe. Not in other jurisdictions.

    13. Re:DUI Laws are broad by Anonymous Coward · · Score: 0

      The laws are generally written as operating a vehicle. That can be as little as sitting in the driver's seat with the keys in the ignition. Even sitting on the side of the road listening to music with the keys in the ACC position is "operating". It is broad. It allows the cops to stop you before you take the next step onto the highway.

  4. the eula will make the renter liability for any cr by Joe_Dragon · · Score: 2

    the eula will make the renter (passenger) liability for any crash even in cars with no controls.

  5. Drunk Tesla Haiku by Moblaster · · Score: 1

    The law has caught up
    with Elon's autopilot?
    Passenger seat, bro.

    1. Re: Drunk Tesla Haiku by Joce640k · · Score: 4, Insightful

      Just like your typing 'assistant'

      Having an automated system doesn't mean you don't have to use the preview function before posting.

      --
      No sig today...
    2. Re: Drunk Tesla Haiku by Dog-Cow · · Score: 4, Interesting

      A system which functions to assist the driver ("pilot") should instead be named after a person capable of driving (flying) without assistance from the driver (pilot)? Perhaps you should rethink that. Or possible, just think.

    3. Re: Drunk Tesla Haiku by stealth_finger · · Score: 4, Interesting

      Co-pilot suggests it helps, autopilot suggests it does it for you.

      --
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    4. Re: Drunk Tesla Haiku by Anonymous Coward · · Score: 0

      That's hilarious, because that's a complete reversal of the actual capabilities of a co-pilot and an airplane's "autopilot" functions.

    5. Re: Drunk Tesla Haiku by thegarbz · · Score: 1

      autopilot suggests it does it for you

      Before you go complaining about the how little autopilots do for you, maybe you should complain to airliners who coined the term. After all the modern autopilot in a car is far more capable than that of a plane.

      Redesigning the English language to suit your specific argument is fun.

  6. More money than sense by h8sg8s · · Score: 1

    What is it with some Tesla owners thinking the laws of physics and the courts somehow don't apply to them.

    --
    Organization? You must be joking..
    1. Re:More money than sense by AmazingRuss · · Score: 3, Funny

      They have 120k worth of Prius smug. It's overwhelming.

    2. Re:More money than sense by hcs_$reboot · · Score: 1

      Interesting, I always thought that of Audi owners.

      --
      Slashdot, fix the reply notifications... You won't get away with it...
    3. Re:More money than sense by f00zbll · · Score: 1

      What is it with some Tesla owners thinking the laws of physics and the courts somehow don't apply to them.

      There's a correlation between a person's "dickhead factor" and their compliance with laws. The bigger the dickhead, the more they think "those laws don't apply to me."

      The correlation between wealth and dickhead factor hasn't been definitely proven, but there seems to be higher level of dickheads in individuals worth several million and lots of "disposal income"

    4. Re:More money than sense by thegarbz · · Score: 1

      The problem is everyone is a douche. No seriously. Audi owners think BMW owners are douches. BWM owners think Audi owners are douches. Ford owners think Chev owners are douches, Chev owners think Ford owners are douches, Renault owners think Peugeot owners are.... shit I just realised how long this post was going to be... *bails*.

    5. Re:More money than sense by FFOMelchior · · Score: 1

      What is it with some Tesla owners thinking the laws of physics and the courts somehow don't apply to them.

      What is it with /.ers and faulty generalization?
      (Full disclaimer, no, I'm not a Tesla owner)

    6. Re:More money than sense by Anonymous Coward · · Score: 0

      I see what you did there ;)

    7. Re:More money than sense by kaybee · · Score: 1

      No different than 1% of any population being idiots really.

  7. PSA by PCM2 · · Score: 4, Interesting

    Yes, he was passed out and the car wasn't moving. Under California law, that's still drunk driving. A friend of mine had his car conk out just as he left the Bay Bridge. He was able to roll it over to the curb, park it, and call a tow truck. A CHP officer beat the tow truck to the scene, though, and determined my friend had been drinking. Because he was still sitting in the car while he waited for the tow, he was charged with a DUI in a car that was motionless and would not even start if he tried.

    So don't drink and drive, m'kay?

    --
    Breakfast served all day!
    1. Re:PSA by Anonymous Coward · · Score: 2, Insightful

      To be fair, the the officer determined your friend to be drunk, and the car was his, the car didn't get there on its own. The only assumption would be that he drove it there if there was no one else with him. Even if he wasn't driving at the time.

      Not to mention a bridge like the Bay Bridge probably has multiple surveillance cameras on it, if he really wanted to push that he didn't drive the car there, the cameras would most likely answer that question.

    2. Re:PSA by 140Mandak262Jamuna · · Score: 2
      Come on, you have a four digit id.

      You don't have to do this "it happened to my friend" spiel. You can say "it happened to me" and it would be ok.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    3. Re:PSA by hey! · · Score: 1

      Drunk person alone with car... not exactly grist for the Sherlock Holmes mill, is it?

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    4. Re:PSA by kamapuaa · · Score: 4, Insightful

      "I was driving drunk, but my car broke down, so it doesn't count"?

      I don't even understand what your objection is, aside from taking your friend's side. Cop did the right thing.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    5. Re:PSA by Anonymous Coward · · Score: 0

      Um, if he "just left the Bay Bridge" he must have been driving drunk. Unless he started drinking while he was waiting for the tow truck. People are so stupid with their anecdotes.

    6. Re:PSA by pots · · Score: 3, Interesting

      The parent's example wasn't a very good one, but there are plenty of examples of people being prosecuted for sitting in a car while drunk in places other than California. (Here's one.)

    7. Re:PSA by Anonymous Coward · · Score: 0

      "A friend"

    8. Re:PSA by bloodhawk · · Score: 1

      well your friends car didn't magically teleport itself to the location it broke down, so unless you are claiming he sat on the side of the road drinking while waiting for the tow truck it seems a pretty obvious case of drink driving.

    9. Re:PSA by Anonymous Coward · · Score: 0

      In many places, simply being in a car is enough reason for a DUI, the fact that you were just that much closer to actually putting the key into the ignition and driving off. If you drove out somewhere and then got wasted call a cab, and get your car the next day.

      https://www.jgcrimlaw.com/actual-physical-control-dui.html

    10. Re:PSA by phayes · · Score: 4, Interesting

      Way back when the the legal age for drinking was still 18 I used to sleep in my car in the parking lot behind my favorite bar for a few hours rather than attempt driving inebriated. I always tossed my keys under the spare tire in the trunk before entering the car to avoid just this circumstance as a friend got caught sleeping in his car before me and caught a DUI. I got woken up a few times by the neighbourhood cops but not having any keys on me they couldn't accuse me of attempting to drive.

      Folding down the rear seat to crawl into the trunk to grab the keys was better than a DUI...

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    11. Re:PSA by sysrammer · · Score: 1

      Read fail. He even ends it with "So don't drink and drive, m'kay?"

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    12. Re:PSA by sysrammer · · Score: 1

      PCM2, I find that many of the replies to your comments all assume that you are "defending your friend". I don't get that impression from your comment, I find it to be an observation. You even titled it PSA and did the m'kay thing at the end. I'm not sure what causes miscommunications of this type.

      --
      His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    13. Re:PSA by Anonymous Coward · · Score: 0

      Obviously he was expressing outrage with the "ridiculous" actions of the policeman. Your reading comprehension is ridiculously low. Why do you think he italicized "in a car that was motionless and would not even start if he tried"?

      Please post less.

    14. Re:PSA by Anonymous Coward · · Score: 0

      You are stupid.

    15. Re:PSA by jittles · · Score: 2

      Drunk person alone with car... not exactly grist for the Sherlock Holmes mill, is it?

      Sure, in theory. But how can they prove that he operated it? What if a sober friend operated it, saw that a tow truck was needed, had an outstanding warrant, and fled to avoid being arrested? However, the case law clearly shows that if you are alone in the car, in any part of the passenger cabin, and you have the keys, you're getting a DUI. I understand the intention of this, but there does need to be common sense involved, too. For instance, if you literally had no choice but to shelter in your car or die due to exposure to the elements, or something of that nature.

    16. Re:PSA by Anonymous Coward · · Score: 0

      How about "My car broke down so I had a few drinks. I wasn't DRIVING drunk. I got drunk AFTER driving, which is not a crime."

      How would the cop know the difference?

    17. Re:PSA by Anonymous Coward · · Score: 1

      That's such a fucking stupid policy. All that you've done when you have that policy is made it a no win situation and made it less risky to drive drunk than to sleep it off. I'd argue anyone who supports it should be arrested for public endangerment. You've literally incentiveized driving drunk than sleeping it off.

    18. Re:PSA by Anonymous Coward · · Score: 0

      Well, just as the drinking age has changed since you were young, a lot about DUI and what and how they can nab you for them has changed as well. You can thank the push from MADD.

      Even if some of the technicalities won't end up getting you a DUI once you go though the court process, you still will have to deal with the arrest, time in jail, bail and the court process. Better to just completely avoid that.

    19. Re:PSA by Anonymous Coward · · Score: 0

      Find a parking lot of the nearest Wal-Mart or even a roadside rest-area. People park there overnight on road trips all the time.

      On long road-trips I've pulled over, obviously hadn't had a drop to alcohol drink in a 1000 miles... slept for 4-6 hours, no one ever came by to enquire why I was there.

      Works every time.

    20. Re:PSA by Anonymous Coward · · Score: 0

      I agree with this. These policies make both actions carry the exact same penalty. If you are going to get the DUI anyways from sleeping in your car, I am sure many people have taken the gamble to just drive home and sleep in their own warm bed, whether they actually made it to their own warm bed, or an uncomfortable jail cell or worse is another story.

      They should be applauding the people who made the right decision to sleep it off in their car. Though one could say the even more right decision would have been to not drive out period if you knew you were going to be drinking, or to take a cab/lyft/uber home at the end of the night and fetch your car in the morning.

      Lyft and Uber add a whole nother dynamic to this. Depending on the areas you might go out at drink at night the surge pricing at the end of the night can deter people from using these services and instead driving themselves. In areas I frequently go out on the weekends It can be as cheap as $5 to get out to the area, but at the end of the night cost $40 to get back home. When the trip to and from is as high as your drinking budget for the night, some might just forgo those services, drive them selves and just pay the $5-10 to park.

    21. Re:PSA by phayes · · Score: 1

      Back then, cars came with 2 sets of keys: door/trunk & ignition & the door/trunk key could not be used to start the car. By locking the ignition key in the trunk I could no longer start it nor put it into motion which precluded driving it. The cops that woke me confirmed that by doing so I had taken sufficient measures to avoid a DUI.

      Modern cars that start with a button as long as the fob is in range are another matter.

      --
      Democracy is a sheep and two wolves deciding what to have for lunch. Freedom is a well armed sheep contesting the issue
    22. Re:PSA by Anonymous Coward · · Score: 0

      I think only old american cars ever did that old separate door and ignition key scheme. Older imports I have ever owned only ever had a single key for the door and ignition. Sometimes they would have a special separate valet key that could still open the door and start the car, but not be able to open a locked glove box or the trunk.

    23. Re:PSA by PCM2 · · Score: 1

      I appreciate the humor, but it doesn't apply as I don't know how to drive.

      --
      Breakfast served all day!
    24. Re:PSA by PCM2 · · Score: 1

      To be fair, the the officer determined your friend to be drunk, and the car was his, the car didn't get there on its own.

      Well of course not. And right past the off-ramp of the Bay Bridge is hardly a rest area.

      What I found amusing is the epilog of the story: My friend managed to plead his DUI down to a reckless driving charge (in a car that wouldn't start).

      --
      Breakfast served all day!
  8. count as under driver control civil cases yes cria by Joe_Dragon · · Score: 0

    count as under driver control civil cases yes (under the eula you can't sue) criminal at least it's in a real court with judges that jail people that try to pull NDA BS.

  9. Re:count as under driver control civil cases yes c by AvitarX · · Score: 1

    I'm kind of alright with that, insurance will handle the civil liabilities, and things will remain relatively capped on payout (vs what a multi billion dollar company can do).

    Though I will need to pay the liability insurance, it will likely reduce the overall cost in payouts of liability for self driving cars, making the insurance cheaper vs GM insuring (or self insuring) for said payouts.

    I'm much more concerned about the criminal aspect of riding in an automous (level 4 within it's automous rules) under the influence (or asleep).

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  10. In Nevada... by duke_cheetah2003 · · Score: 1

    ...The cops are super aggressive about DUI. They will actually come to your house if you're suspected of drunk driving and arrest you if they have any proof you were driving with in the past X hours and fail a breathalizer. That proof could definitely include your vehicle still being warm.

    Hell, I've heard cops tell me, if you're drunk and you just go sleep in your car, in a parking lot, you can be arrested for DUI.

    1. Re:In Nevada... by Anonymous Coward · · Score: 0

      For the car being warm, that's nice and all, but would never stand up in court. If I were on a jury and that was the evidence presented to me, I'd recommend the cop be fired immediately and no way would I find the guy guilty. There's too many other reasons the car could be warm, like a friend drove you home in your car and another friend picked him up and drove him home.

      As for the "asleep in a car drunk" I've heard that as well. I think it's terrible as I'd rather the guy sleep it off in his car rather than have no where to go, be afraid of getting slapped with DUI, so attempt to drive home as he's got less of a chance getting caught that way and really nothing to lose one way or the other.

    2. Re:In Nevada... by Khashishi · · Score: 1

      How the hell can you get a DUI for sleeping in your car in a parking lot? That makes zero sense.

    3. Re:In Nevada... by Anonymous Coward · · Score: 0

      How the hell can you get a DUI for sleeping in your car in a parking lot? That makes zero sense.

      Because you are in control of the vehicle which is the way the law is written. A friend of mine was arrested for sleeping in his car in a private parking lot. There was a court case a few years back where a guy was sitting in a lawn chair drinking next to his broken car in a private lot and was convicted because he had the keys.

    4. Re:In Nevada... by RespekMyAthorati · · Score: 1

      Because fuck you, that's why.

  11. The headline could also be... by Rei · · Score: 4, Insightful

    "Autopilot saves drunk drivers' life". Assuming he would have driven either way (drunks usually do), if he hadn't had autopilot on when he passed out, the car wouldn't have driven for a few minutes on its own, then pulled slowly to a stop and put the blinkers on. He would just have crashed. Possibly into another car.

    --
    Santa Ana Winds: Like the Dustbowl, but with awards shows.
    1. Re:The headline could also be... by quantaman · · Score: 2

      "Autopilot saves drunk drivers' life". Assuming he would have driven either way (drunks usually do), if he hadn't had autopilot on when he passed out, the car wouldn't have driven for a few minutes on its own, then pulled slowly to a stop and put the blinkers on. He would just have crashed. Possibly into another car.

      Most drunk drivers don't try driving when they're so loaded they literally pass out behind the wheel.

      More likely he only decided to drive because he thought the auto-pilot would compensate for his intoxication enough to stop him from getting pulled over and allow him to drive home drive safely.

      This is one of the big risks with level 2 self-driving cars. The car does so much that people think they can do other things like watch a movie or get loaded behind the wheel. You end up with a car where neither the driver nor the software is able to safely handle a lot of situations.

      --
      I stole this Sig
    2. Re:The headline could also be... by ledow · · Score: 1

      So long as he didn't hurt anyone else along the way, I'd be happy with one less drunk driver in the world.

      Chances are that, without pressing the power when he passed out, it would be a bumper-stop, fender-bender or he'd have hit a small solid object rather than hurt anyone.

    3. Re:The headline could also be... by Khashishi · · Score: 1

      Oh well, we will go to level 3 self-driving cars then.

  12. Ask the legislators, lawyers, and judges. by Ungrounded+Lightning · · Score: 4, Insightful

    But there will be cars that can drive unattended in some conditions and locations, but not everywhere, and I'm curious how it will be treated.

    They'd be treated as the laws and courts decide. Laws and courts can be arbitrary, but they often are reasonable.

    I'd expect that:
      * If the self-driving algorithms are recognized as smart enough to pull over, safely park, and insist a driver take over if things are getting to hairy for them, letting the auto-pilot run the car while you're impaired would be fine (provided you don't try to take over if the autopilot doesn't trust itself, or launch it into a situation where you should have known that the algorithms might fail.)
      * Riding impaired when a "reasonable and prudent" (and non-impaired) person would trust the autopilot would be OK.
      * Letting the auto-pilot take you to a medical facility when you're too out-of-it to drive yourself, as well, would not just be OK but in some cases would let your case win on the "necessity defence" even if the law prohibits it.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Ask the legislators, lawyers, and judges. by houghi · · Score: 1

      Talking about full autonomous cars here.
      It basically comes down to asking if the person is the driver or the car and if the person can influence the behavior of the car. Will it allow Dave to open the doors while driving or not?
      Can the person take over control, or not?

      i.e. I get in the car sober for a 5 hour drive to some place. I am in the car with my SO and we open a bottle of whiskey and start drinking and open a second bottle. So now we are well beyond able to drive. We get in an accident. Who is responsible?

      So are you seen as a passenger or a driver? If you are a passenger, that means you should not be able to influence the driving directly. Not a simple button that you press to go "Human Mode". It will most likely be a long while before we are there. Till then: don't drink and drive. I have and I am lucky that the worst I hit was a front door of a house.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Ask the legislators, lawyers, and judges. by Anonymous Coward · · Score: 0

      So are you seen as a passenger or a driver?

      Depends on where you sit.

      If you are drunk, sit in the passenger seat or in the back.
      If you aren't allowed to use the autopilot without supervising it then it shouldn't drive unless it detects a person in the driver seat.

      Might seem pointless, but at least it will clearly signal to other drivers that the car doesn't have someone behind the wheel and will probably follow the law strictly rather than seek a compromise with other drivers.

  13. Ferarri Enzo crash by Anonymous Coward · · Score: 0

    This is why when the cops get there you're standing around wondering where the driver, Helmut, went. No, you don't know his last name. Or his address. But he looks kinda like you, actually. That's why you let him drive. No, he's gone. He went that way. Or that way. I don't recall.

    It's excellent practice for becoming a politician, too.

    AC

  14. Benzi - by Anonymous Coward · · Score: 0

    Benzi

  15. ShanghaiBill, was this you?? by Anonymous Coward · · Score: 0

    ShanghaiBill, was this you??

  16. LOL, doesn't work for pilots by istartedi · · Score: 2

    This defense wouldn't work for a pilot, not even on a long flight where they could be on autopilot for 10 hours and sober up. There is, AFAIK, no mode of transportation where this defense works since you always have to be ready to take over if the automated system disengages. To think that it would work on cars is pretty ridiculous since such systems are far less advanced for that mode of transportation.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    1. Re:LOL, doesn't work for pilots by Anonymous Coward · · Score: 0

      On a horse being drunk is alright. Unless you fall off the horse, otherwise the horse will get you home (to the barn, not to the house)

  17. Someone should have informed the marketing team... by Anonymous Coward · · Score: 0

    because they certainly are not advertising the technology as driver "assistance" and do nothing to correct the misapprehension by customers.

  18. The most important sentence... by Anonymous Coward · · Score: 0

    ..."No cars on the market right now have fully driverless [sic] technology available." Well, why the fuck not? We have the technology (with complicit understanding that it is not perfect, yet better than human drivers.) IMHO, assuming that saving arbitrarily-destined lives is a reasonable goal, then this should be the easiest lock to click, yeah? At all levels of gov't? Easy-peasy. Fully driver-less cars. Well, then...no more "drunk driving", no more "distracted driving", no more "fatigued driving", etc. Insurance companies would feel that sting, I'm sure.Woke.

    1. Re:The most important sentence... by ledow · · Score: 2

      Er... no we don't. Don't believe the hype - an "automated" Tesla car went straight under a lorry without even detecting it. That's nowhere NEAR being able to self-drive. Just because the stats are low at the moment doesn't mean it's representative of what would happen if you classed them as fully automated and let them all loose on the road en-masse.

      And liability.

      If the system was truly automated, liability would NOT be with the driver at all. It would be with the insurers and the manufacturers. They would have to pay the full costs of every dent, bump, accident and fatality. They don't want that. The reason they don't want that is that they know it's not ready for that yet.

      Simply put: We don't have the technology. If you think we do, the manufacturers and insurers don't. That should tell you something.

      Also, there are... what? Maybe 250,000 Tesla's on the road, worldwide? There are 1bn cars on the road. That's about 0.025% of cars out there. If all the automated cars models were put together, you'd be lucky to hit 0.05%. Extrapolating from what 0.05% of cars do, when they are sold as driver-responsible, driver-assistance cars and not automated cars (so most people DON'T just use them as automated cars), and then applying that to say we could have fully automated cars "safely" is more than a little misleading.

      P.S. in this case, the car decided to block the entire road. Maybe that was "safe" for the driver, but extrapolate that to millions of automated cars with the same kind of handling and watch as the road system collapses because two joining automated cars don't cede to each other proper and neither proceed "for safety" at a point that nobody can pass them.

  19. Soon you will be fucked out of drunk drives by Anonymous Coward · · Score: 0

    And people will be able to freely associate again.

  20. that's what happens when Elon rushes stuff by f00zbll · · Score: 1

    Anyone that follows the space knows that Google saw the same damn thing and made the right decision. Level 2 and 3 autonomous is dangerous and shouldn't be used. Elon made a tough situation for himself with the stupid hype cycle. Forcing him to release something that is clearly dangerous and as a result making roads less safe. When google saw what people did in their trials, they immediately shut it down and switched focus to full autonomous. What Tesla did is irresponsible because people will abuse it. It was never a question of "if people will or how many". It was always when and what's the consequences. Google saw that basically everyone abused the system and didn't pay attention. For all the good that Elon has done, releasing the feature prematurely isn't one of his best decisions.

    1. Re:that's what happens when Elon rushes stuff by Anonymous Coward · · Score: 0

      I can drive a normal car with my knees and eat a burger if I want, but guess what I don't.

  21. I want one too by Anonymous Coward · · Score: 0

    How can someone who drinks like that afford a Tesla? I want to be drunk in a Tesla too!

  22. Excuses by Anonymous Coward · · Score: 0

    That's a big part of what aggravates me about this tech (apart from the hype, which is astronomical, seconded only by the greed of corporations that see only dollar signs): people want it as an excuse, not an innovation. I personally feel we could do with less excuses, not more. Also, there is zero guarantee that ANY tech will save a kajillion lives. Death is a part of life, folks. It happens everyday, and it always will.

  23. And another one... by Anonymous Coward · · Score: 0

    Tesla on autopilot hits fire truck at 65mph on Monday morning in Culver City. https://www.mercurynews.com/2018/01/22/tesla-on-autopilot-slams-into-parked-fire-truck-on-freeway/. Fire truck was parked at an accident scene along with CHP, lights flashing. Yes, a lane was partly blocked. Tesla and fire truck both badly damaged. This time it was morning commute and DUI was not immediately implicated. What is with these people?

  24. Slashdot UIUI? by Anonymous Coward · · Score: 0

    Check for new comments ... 114 of 113 loaded ...

  25. Autopilot DUI by MichaelKaiserProScri · · Score: 1

    They gave somebody a DUI on a horse. I think a horse has a better "autopilot" than a Tesla given that it has a living brain and can navigate the world all by itself...

  26. So... by Anonymous Coward · · Score: 0

    ... this is a really painful way to discover that Musk was lying to you about autopilot. At least you didn't broadside a truck and die. Be Happy! And send the bill to Musky boy. (Can't fix stupid!)