Two fatal drunk driving accidents didn't happen

The options I see are:

The ‘dead man switch’ aspect was broken.
The driver was putting a small amount of torque on the wheel while unconscious, but not so much as to cancel AP.
The driver had used some type of defeat device. As simple as a can of beer tired to the wheel, or actual software hacking.

I see the first as least likely, the second as slightly less unlikely, and the third as having the greatest chance of likelihood.

Beyond the driver’s failure, the AP system worked quite well. Slowing down as traffic slowed down in front of it. No damage to any cars or people. I applaud the CHP for diagnosing and resolving the issue without damage.

 

I don't believe that asleep at the wheel, necessarily means hands off the wheel.

Plus, there is really no minimum sleep interval. In a couple long ago fatigued driving events, I have experienced 'micro-sleeps', just momentary laps of consciousness, barely long enough to put tires onto shoulder gravel or center line bumps. So it is quite possible that cops may catch Tesla autopilot users between the time of falling asleep and the car initiating corrective 'dead man' action.

'Asleep' may also have a range of meaning, such as conscious enough to not trigger dead man protections, but such narrow tunnel mental awareness to not see flashing lights in the mirrors.

 

This scenario is exactly why some car's dash cameras now face fixed inward (ah la some caddys - Model 3's) facing towards the driver, so they can watch for eyes not facing the road or eyelids closing Etc. In our Zeal to make doofus driver's conditions foolproof, we now strive to make them idiot proof as well.
.

 

Funnily enough that's how I summarized the news too. Everywhere I read the story, it seems to be portrayed as Tesla being bad because they allowed it to happen. I view it like the thread title, the Tesla AP saved 2 drunk idiots from smashing into something or someone else and causing damage or injury to others. This is a win for Tesla.