Crime Solicitors

Part of my childhood was spent watching David Hasselhoff cruise around fighting crime in KITT- the artificially intelligent, self-aware and near-indestructible car. As a boy, I literally dreamed about owning such a car and being able to converse with it and let it take over the driving for me when I fancied a break to put my feet up. 30 years later it seems we might finally be helping these sci-fi imaginings become a reality as a result of road safety concerns.

According to The National Safety Council, every year, our friends across the Atlantic report 1.6 million accidents that are reportedly caused by texting and driving. That is 1 out of every 4 accidents. The question is: if motorists know how dangerous and potentially fatal texting and driving is — why don’t we stop?

I suspect many motorists have the mind-set of “it won’t happen to me” or possibly a slightly more arrogant (and worrying) “but I’m a better driver than they must have been”. Regardless, your car may play a more autonomous role in getting you to leave your phone alone whilst on the road.
Self-driving cars have been in development for a while now with testing of them increasing significantly over the last few years but we may be seeing more of a phased transition to auto-driving with the introduction of new software developed by researchers at the University of Waterloo. New algorithms have been created that use cameras and artificial intelligence to detect when you are distracted whilst driving, possibly as a result of using your phone.

The system is designed to detect signs of distraction, whether from texting, talking on the phone, reaching into the back seat or fiddling with the radio. Using the cameras, the software monitors changes to your face and head position to assess levels of distraction from the road ahead. This latest study builds on previous research conducted that was designed to recognise signs of tired driving, which can cause excessive blinking, yawning, and so on, in drivers.

Before an all-out transition to automated vehicles, it seems researchers hope that self-driving capabilities will continue to be incorporated into cars and this type of software could certainly help protect all road users.

At the very least, if you can’t (or won’t) put your phone down, technology like this could be used to help your car pick up the slack, but it is not clear how the software will respond to signs of distraction. It may be that the software decelerates your vehicle or helps manage the steering until you give the road your full attention again.

The Danger of Humans

The thinking behind autonomous vehicles is that by eliminating the most dangerous factor in driving (human input) the number of road traffic collisions can be reduced. There are some estimates that claim tens of thousands of lives could be saved each year with the implementation of self-driving cars but if some recent tests are any indication (where one included a fatality) we may be a long way off being picked up by an Uber with no driver.

A phased transition makes perfect sense as it allows developers to perfect and implement smaller scale software packages with different functions in order to eventually build a fully automated system whereby all functions work harmoniously.

According to a University Research Chair and director of the Centre for Pattern Analysis and Machine Intelligence (CPAMI) at Waterloo, “The car could actually take over driving if there was imminent danger, even for a short while, in order to avoid crashes.” In addition to this life-saving feature, the software would at the very least remind us to put down our phone and pay attention to the road.

Legal Implications

The concept of autonomous driving opens the door for a whole range of legal considerations and the laws may need to be changed significantly over the years during which these changes are implemented. For example:

1. If an accident occurs in a self-driving car who would be responsible? The “passenger” who would formerly have been the driver or the manufacturer of the car or the software?


2. What responsibilities will the vehicle owner have in terms of maintenance?


3. Will the software be safe from hacking?


4. Will it be intelligent enough to swerve out of the way of a vehicle and not hit a passenger at the side of the road?


5. In the event of a malfunction, how much control will the passenger be able to take over the vehicle and does this mean they will still need to have passed their driving test?


6. Will the software allow drunken passengers? If they did, what if there was a malfunction then and the inebriated driver was forced to take control?

These are all interesting questions that will eventually need to be answered but in the interim period we can all look forward to owning a KITT of our very own! I wouldn’t hold your breath for the mounted, twin-rocket boosters, though…

Author Neil Sargeant is a Road Traffic specialist within the Duncan Lewis Crime Department, based in Harrow. He has specialised in Road Traffic Law since 2008, establishing close working relationships with some of the country’s leading experts in this field and maintaining an outstanding record of client acquittals. His specialist expertise stretch across road traffic law, but are most extensive in:

• Drink Driving (with breath, blood or urine samples);
• Drug Driving;
• Failing to provide a specimen for analysis whether this be breath, blood or urine;
• Being drunk in charge of a vehicle;
• Any type of road traffic case that involves a procedure conducted at hospital;
• Dangerous & Careless driving; and
• Cases involving a fatality.

Duncan Lewis Road Traffic Solicitors

Duncan Lewis Solicitors are specialists in road traffic law, with particular expertise in drug and alcohol-related motoring offences. We can provide free and comprehensive legal advice on any motoring prosecution, regardless of the allegations.

It is crucial that you seek legal advice immediately, as an early opinion in your case can make a significant difference to the end result. Duncan Lewis Solicitors can be on hand to deal with whatever motoring law issue you may have.

For specialist advice please call our Road Traffic specialist Neil Sargeant on 02031141145 or email him on neils@duncanlewis.com.