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Opinion: Tesla is getting sued by cops because a drunk driver was behind the wheel

(Credit: Tesla)

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Five Texas law enforcement officers are suing Tesla for monetary relief of over $1,000,000 after a Tesla Model X collided into the cops and their vehicles. The driver operating the Tesla Model X was inebriated at the time, based on the police report.

On February 27, 2021, a Tesla Model X, reportedly with Autopilot engaged, crashed into five police officers on the Eastex Freeway in Texas. The plaintiffs claim that Tesla’s safety features failed to detect the officers’ cars because of “manufacturing defects.” 

The TX police officers are also suing Pappas Restaurant INC., which owns the Pappasito’s Cantina, where the Tesla Model X driver was served alcohol before the accident. The police report from the crash stated that the driver was arrested “on suspicion of intoxication assault.” 

Tesla Autopilot vs. FSD Confusion Continues

Any Tesla owner or supporter who reads the lawsuit will quickly identify the lawsuit’s inaccuracies about Autopilot. The most obvious flaw in the lawsuit would be how it confuses Tesla Autopilot with Tesla’s Full Self-Driving suite. 

The lawsuit lists supposed Autopilot features to support the plaintiff’s claim that Tesla inaccurately marketed its driver assistance system as safe. The lawsuit claims it compiled the list of Autopilot features from Tesla’s website. The list includes the “Navigate on Autopilot” feature, which is currently listed under the Full Self-Driving suite.

The lawsuit also includes tweets from Elon Musk. In one instance, the lawsuit states: “Tesla, Inc. and its CEO, Elon Musk, have also repeatedly exaggerated the actual capabilities of Autopilot, resulting in the public, including first responders, and Tesla drivers being put at a significant risk of serious injury or death:” 

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Then the lawsuit includes the following screenshot of an Elon Musk tweet, which clearly references FSD.

This recent lawsuit by five Texas cops reveals the ongoing confusion about Tesla’s safety features, particularly between Autopilot and Full Self-Driving. It also shows the continuous fear, uncertainty, and doubt (FUD) Tesla critics sow about its safety systems. 

The Irony of Tesla Autopilot Criticism

Ironically, Tesla created Autopilot and its Full Self-Driving suite to prevent people from misusing their vehicles, such as in this case, where the driver operated a Tesla Model X irresponsibly. Critics against Tesla Autopilot and Full Self-Driving constantly blame the company for drivers misusing their vehicles, as shown by this recent lawsuit against the company. 

During the last earnings call, Elon Musk explained, once again, why software like Autopilot and Tesla FSD are necessary for modern vehicles. 

“At scale, it will have billions of miles of travel to be able to show that it is the safety of the car with autopilot on is 100% or 200% or more safer than the average human driver,” Musk said. “At that point, I think it would be unconscionable to not to allow autopilot because the car just becomes way less safe. It would be sort of like shake the elevator analogy. Back in the day, we used to have elevator operators with a big switch. They operate the elevator and move between floors.”

“But they get tired or maybe drunk or something or distracted and every now and again, somebody would be kind of sheared in half between floors. That’s kind of the situation we have with cars. Autonomy will become so safe that it will be unsafe to manually operate the car relatively speaking. And today obviously we just get an elevator where we press the button for which floor we want, and it just takes us there safely,” he explained.

A copy of the lawsuit can be seen below.

Lawsuit Filed Against Tesla and Pappas Restaurants by Maria Merano on Scribd

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The Teslarati team would appreciate hearing from you. If you have any tips, reach out to me at maria@teslarati.com or via Twitter @Writer_01001101.

Maria--aka "M"-- is an experienced writer and book editor. She's written about several topics including health, tech, and politics. As a book editor, she's worked with authors who write Sci-Fi, Romance, and Dark Fantasy. M loves hearing from TESLARATI readers. If you have any tips or article ideas, contact her at maria@teslarati.com or via X, @Writer_01001101.

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Tesla Robotaxi will be a 24/7 service: here’s when

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Credit: @AdanGuajardo/X

Tesla AI lead Ashok Elluswamy said this week that 24-hour Robotaxi service is close. Replying on X to a rider who wanted Cybercab trips all night, he wrote that the capability would arrive “next month or so” once “the next tech to merge on the v15 plan” is ready.

The comment landed on September 4, one day after Tesla opened public Cybercab rides in Austin. It is the clearest near-term timeline yet for overnight unsupervised operation. Tesla’s paid Robotaxi network currently runs from 6 a.m. to 10 p.m. seven days a week across Austin, Dallas, Houston, Miami, Orlando, and Tampa.

That 16-hour window is shorter than the 6 a.m. to 2 a.m. schedule the company used for much of the prior year.

Elluswamy did not name the specific feature or say whether the change would apply first to purpose-built Cybercabs, the existing Model Y fleet, or both. He also offered no city-by-city rollout list. The link to Full Self-Driving v15 is nevertheless significant.

Tesla has described v15 as a step-change architecture with seven parallel improvement tracks and roughly ten times more parameters than earlier builds. Early versions of that software already operate on the Robotaxi fleet and contain about 40 percent of the planned gains.

By July 2026, the unsupervised fleet had logged more than 380,000 miles across six cities in two states with what the company called an impeccable safety record and no notable incidents caused by the vehicles themselves. Tesla has repeatedly argued that camera-based end-to-end neural networks, rather than extra sensors, are the core of the solution.

Overnight service would test that claim in lower-light conditions and would also raise vehicle utilization, a key variable for Robotaxi unit economics. The company has already begun using public Superchargers at night and is building dedicated Robotaxi charging sites.

Riders have asked why software must change if the cars already drive in the dark. The practical answer appears to be reliability and scale: Tesla has held back mass expansion until more of the v15 stack is merged, citing the need for higher confidence before putting thousands of unoccupied vehicles on streets around the clock.

If the next module arrives on the timetable Elluswamy sketched, 24-hour service could begin in October 2026 in at least some markets.

That would mark a shift from a daytime-bounded pilot to a service that can run whenever demand exists, including the late-night hours that have so far remained out of reach.

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Tesla Full Self-Driving will now overtake manual driving to avoid disaster

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Credit: Tesla

Tesla is beginning to roll out Full Self-Driving Supervised v14.3.9 with a new active safety layer that can take control even when the driver is operating the car manually.

Tesla AI said the software can activate FSD on the driver’s behalf when an imminent collision is detected and Automatic Emergency Braking may not be enough. It may also engage if the system detects heavy distraction or an accidental FSD disengagement.

The capability is essentially Automatic Collision Evasion. However, unlike conventional AEB, which mainly applies the brakes in a straight line, this feature can use steering, braking, and acceleration together if the car calculates that stopping alone will not prevent impact and a safer path exists. The system may change lanes or move toward a shoulder when conditions allow, then continue driving after the immediate threat is handled rather than simply coming to a stop.

The intervention is meant as a last-resort safety net, not a replacement for attentive driving.

Tesla Full Self-Driving v14.3.7 early review: FSD saved me from an accident

Tesla’s own description still frames FSD as supervised assistance. Secondary reports on internal release notes say the feature can fire while the car is being driven manually if cabin-camera monitoring suggests the driver is not sufficiently attentive, such as reaching toward the back seat, or if FSD appears to have been turned off unintentionally.

After the emergency maneuver, the car is expected to alert the driver and request a return to manual control.

The safety case is straightforward. Many collisions happen in the last second because a driver is looking away, fumbles a control, or faces an obstacle that braking cannot fully solve. A system that can both recognize that AEB is insufficient and execute a coordinated evasive path can reduce those remaining high-severity events.

Re-engaging after accidental disengagement also addresses a practical failure mode: a small steering nudge that drops FSD at the worst moment. The advantage is a background safety net that uses the same vision stack already running in v14, instead of leaving the car solely to emergency braking once the driver is no longer in command.

The feature still depends on FSD being enabled and, according to reports, an active FSD purchase or subscription. It does not make the vehicle unsupervised. Drivers remain responsible, and Tesla has not published how often the system is expected to intervene or how it will handle false positives.

If the rollout is conservative and the false-alarm rate stays low, the update is a meaningful step: FSD is no longer only a feature the driver turns on. In the rare moments when disaster is already forming, it can step in.

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Tesla Cybercab launch catches NHTSA’s attention who wants to know more

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(Credit: Teslarati)

Tesla launched the all-electric, steering wheel-less, and pedal-less Cybercab last night at a quiet and small event in downtown Austin, Texas.

The launch, which marked the beginning of unsupervised ride-hailing for Tesla’s Robotaxi platform with Cybercab, has already caught the attention of the National Highway Traffic Safety Administration (NHTSA) who has more questions.

NHTSA opened an Audit Query (AQ) into the Cybercab’s Federal Motor Vehicle Safety Standards (FMVSS) certification that Tesla gave the vehicle. Manufacturers self-certify vehicles much of the time to avoid excessive regulatory delays.

Tesla Cybercab interior, note the lack of steering wheel and pedals. (Credit: @niccruzpatane/X< /a>)

However, the agency needs more information; it said in a summary:

“On September 3, 2026, Tesla began commercial deployment with a small number of its Cybercab vehicles in Austin, Texas. Tesla notified the Agency that it certified those Cybercab vehicles as compliant with all applicable Federal Motor Vehicle Safety Standards (FMVSS). Tesla also notified the Agency that it plans to gradually expand commercial deployment of the Cybercab to include additional vehicles and locations.”

It also went on to state that the Cybercab lacks traditional automotive controls, which is a groundbreaking move. The process is entirely new to the NHTSA, which gives the agency some leverage to put Tesla’s launch under a microscope:

“The vehicles lack permanently attached, conventional manual controls, such as a brake pedal, gas pedal, steering wheel, and mirrors. NHTSA is opening this AQ to examine the process and technical data on which Tesla relied when certifying the Cybercab and related issues. Among other things, NHTSA will consider the extent to which Tesla’s certification depended on determinations that certain FMVSS are inapplicable to the Cybercab.”

Tesla has added 45 Cybercab units to its fleet of Robotaxi-enabled cars in Austin, according to public documents the company submitted to the State of Texas over the past week. Enabling this level of self-driving is something Tesla has worked toward for many years, and now that it is finally here, it seems more than reasonable that regulatory agencies will have some questions.

Many outlets might try to frame this as a negative, but it is truly an agency looking to gain more information about groundbreaking tech that Tesla has been developing for years.

In an effort to keep riders, pedestrians, and property safe, any and all data accumulated from these first days, weeks, and months of rides will likely be shared with the NHTSA to enable broader rollout strategies across the United States and more in the future.

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