I do not know Uber's plan, but assuming they're too smart to do something dumb is pretty silly. Everybody makes mistakes, especially companies that may have become arrogant after years of getting their way with little effort.
And besides that, Tesla does have a permit, so that argument quickly becomes very messy and I don't see how it could rule in favor of Uber. If every driver needs the permit (as opposed to every corporation) , that applies to Uber as well. They'd effectively be making the legislation more onerous against themselves.