A woman who received a ticket for driving with Google Glass in October 2013 is scheduled to have her day in court in January 2014.
44-year-old Cecelia Abadie was cited for violating VC 27602 - driving with a monitor visible to the driver - while wearing her Google Glass on her way home from San Diego on Interstate 5. Ms. Abadie, who was also cited for going 80 mph in a 65 mph zone, was shocked that she was receiving the additional citation. In December 2013, she pled not guilty and the judge set a trial date for January 16, 2014.
A good-faith defense involves a legitimate argument for the application or extension of existing law to a specific fact pattern. The Google Glass ticket may be a case of technology outpacing the California vehicle code. Section 27602 does contain a number of exceptions for equipment that is installed in the vehicle:
Google Glass may arguably be shoehorned into one of these exceptions. Judges in Lamont, Shafter and the surrounding area will consider these exceptions and their application, but defendants should not test their patience by going beyond a reasonable explanation. The state may also have an issue in proving the elements of the offense; viz, how will the prosecutor prove that the device was actually on while Ms. Abadie was driving?