One year ago, a San Diego judge dismissed the Google Glass ticket.
44-year-old Cecilia Abadie was testing the device when she was pulled over
for speeding. The officer
gave her a citation for using a monitor while driving. Google Glass is basically a monitor-less
computer monitor. It is a pair of eyeglasses that displays information
and data you may see on your tablet, smartphone or laptop.
Court Commissioner John Blair ruled in favor of Ms. Abadie on a technicality:
there was no evidence that the device was operating when she was driving.
In addition to its legal ramifications, which we shall discuss below, the
story may serve as a cautionary tale. Accounts vary, but there is some
indication that Ms. Abadie was confrontational when the officer asked
about the Google Glass, and she may have received a ticket, at least in
part, due to her poor attitude. Never argue with an officer, even if you
think you are clearly right. Let your attorney handle that matter.
The statute in question,
VC 26702, prohibits "video signal that produces entertainment or business
applications [that] is operating and is located in the motor vehicle at
a point forward of the back of the driver's seat. Other than accessing
the data log and thoroughly examining the device, which would not happen
in a Kern County traffic ticket case, there is really no way to prove
that the device was on or off at any given time. There are also some exceptions
in 26702; for example, if the driver can still operate the vehicle in
a "safe and reasonable manner," the device is not illegal in