A Google Glass ticket issued to a California woman is being challenged in court.
Cecilia Abadie, 44, was pulled over on Oct. 29 along a San Diego area freeway for speeding. During the traffic stop, the police officer slapped Abadie with an additional citation for driving while distracted due to the fact that she was wearing Google Glass, the hi-tech eyewear that allows users to take photos, videos, and send text messages.
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Abadie's Google Glass ticket became the first time a driver has ever received a citation for wearing the device.
On Tuesday, Abadie appeared in court beside her attorney, William Concidine, and denied the charges.
"Our primary argument is that Ms. Abadie was not driving while the
Google Glass was actually operational," Concidine told the Agence France-Presse following the court appearance. "There is nothing illegal about simply wearing the Google Glass while it is not turned on."
"The issue will be what does the officer who cited Ms. Abadie testify to at the trial regarding whether he saw, or did not see, the Google Glass being used while Ms. Abadie was driving the vehicle," Concidine added.
The violation which authorities cite in the case is Vehicle Code 27602,
which the Los Angeles Times reports prohibits drivers from operating a vehicle "if a television receiver, a video monitor, or a television or video screen" is visible.
"The fact that the law was written before Google Glass existed leaves it open for debate whether (lawmakers) considered such technology when drafting the law and whether it is actually covered by the existing law as written," Concidine told AFP. "I believe that this case is unique in that this ...is the first known case involving Google Glass. As technology continues to advance, we always question how the law will respond to that technology."
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Legislators in at least three states — Delaware, New Jersey and West Virginia —
have already introduced bills that would specifically ban driving with Google Glass.
Abadie has also pled not guilty to the speeding violation. According to police, the 44-year-old was driving 80 mph in a 65 mph zone.