The Southern California woman who appears to have received the first traffic ticket for wearing Google Glass is fighting the citation.
Cecilia Abadie, a computer scientist and Glass booster from San Diego, pleaded not guilty yesterday to both driving with a visible monitor on and speeding.
California Highway Patrol officials said it was the first Google Glass traffic ticket they've heard of.
The woman was pulled over for alleged speeding on a San Diego freeway Oct. 29. Her attorney, William M. Concidine, said the Google Glass device she was wearing then lit up as the CHP officer was talking to her.
“Google Glass came on, he noted it and he cited her after she was stopped,” Concidine said.
On that count, the cops case sounds extremely weak.
First, Abadie claims the thing wasn't on when she was driving — and it's up to the cop to prove that it was on while she was behind the wheel, which seems impossible. Second, as Concidine notes, the law doesn't even cover Google Glass specifically:
“Does Google Glass fit the category of a TV or monitor,” he asks. “The technology didn't exist at the time the law was drafted.”
The main argument is even if she was wearing Google Glass, it's not illegal to wear it unless it's operating while your driving. The heart of the defense is that she wasn't driving with it on, and even if it was on does that violate the law?
As far as the speeding goes, Abadie has admitted on her Google+ page that she was driving fast. However, Concidine wants to hold the officer's feet to the fire to ensure justice for his client:
“We need to see if his calibration is correct — make sure everyone is doing their job correctly,” the attorney said.
This court battle before a single judge could break new legal ground. Concidine, who's representing Abadie pro-bono, says:
My understanding is that there are no other cases of this nature. It's kind of a test case in a way.
Trial was set for Jan. 16.