The driver is responsible for maintaining control of the car at all times, so they will get the ticket even if they're using FSD.
There is an argument that Tesla is releasing products that are fundamentally unsafe, and they may be open to some torts there. Of course, Tesla itself would likely point to some language in some agreement that basically amounts to "you're an absolute fool for thinking that our FSD product is any good, and have no ability to sue us for releasing dangerous products;" they've historically been very aggressive in arguing that they bear no responsibility in any FSD or Autopilot crashes.
There is an argument that Tesla is releasing products that are fundamentally unsafe, and they may be open to some torts there. Of course, Tesla itself would likely point to some language in some agreement that basically amounts to "you're an absolute fool for thinking that our FSD product is any good, and have no ability to sue us for releasing dangerous products;" they've historically been very aggressive in arguing that they bear no responsibility in any FSD or Autopilot crashes.