SAN DIEGO – A San Diego traffic court threw out a citation Thursday against a woman who authorities said was driving while wearing the Google Glass computer-in-eyeglass device.
Commissioner John Blair ruled that Cecilia Abadie was not guilty because the code she was cited for requires proof that the device was in operation.
Blair found there was no proof beyond a reasonable doubt.
Abadie is believed to be the first motorist cited for wearing Google Glass while driving. She was also found not guilty of speeding.
Abadie, a software developer, is among some 30,000 people called “explorers” who have been selected to try out Google Glass before the technology becomes widely available to the public later this year.
The device on a kind of eyewear frame features a thumbnail-size transparent display above the right eye.
Abadie was pulled over in October on a San Diego freeway. The California Highway Patrol officer saw she was wearing a Google Glass device and tacked on a citation usually given to people driving while a video or TV screen is on in the front of their vehicle.
Abadie had pleaded not guilty to both charges in San Diego traffic court. Her attorney, William Concidine, previously said the device was not activated when she was driving.