A woman stopped by police for driving while wearing Google Glass has been cleared of wrongdoing by a court in California.
Cecilia Abadie, was stopped on a San Diego freeway in October and when the California Highway Patrol officer saw she was wearing Google Glass they gave her a citation usually given to people driving while a video or TV screen is on in the front of their vehicle.
But the San Diego traffic court threw out the citation, with commissioner John Blair ruling she was not guilty because the offence for which was ticketed requires proof that the device was in use and he had found there was no proof beyond a reasonable doubt.
Abadie, who is believed to be the first motorist cited for wearing Google Glass while driving, said she was happy she won her case but hoped the court would rule that Google Glass was legal to wear while driving, whether activated or not.
"I believe it's an initial success but we have a long way to go," she said.
The software developer, who was also found not guilty of speeding, said she was among around 30,000 people called "explorers" selected to try out Google Glass before the technology becomes widely available to the public later this year.
The device features a lightweight frame equipped with a hidden camera and thumbnail-size transparent display above the right eye that responds to voice commands. The technology can be used to do things such as check email, learn background about something the wearer is looking at, or to get driving directions.
At least three states – Delaware, New Jersey and West Virginia – have introduced bills that would ban driving with Google Glass.
Google's website contains an advisory for users: "Read up and follow the law. Above all, even when you're following the law, don't hurt yourself or others by failing to pay attention to the road."
Google said today it has warned early Glass adopters to exercise caution.
"Glass is built to connect you more with the world around you, not distract you from it," it said. "Explorers should always use Glass responsibly and put their safety and the safety of others first."