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 Tulare County.