Technology developer Cecilia Abadie was pulled over in October by a California highway patrol officer on suspicious of speeding in a 60 mph freeway.
The officer then gave her a second citation for using a "monitor" in her car while driving, in what the Highway Patrol said was a violation of state law.
Court Commissioner John Blair said he was dismissing the citation against Abadie, 44, on the grounds of a lack of proof that her Google Glass was turned on at the time. "There is no testimony it was operating or in use while Ms. Abadie was driving," he said during the hearing.
The case raises multiple questions about the use of wearable technology as these gadgets go mainstream.
On Monday, a New York assemblyman called for a ban on Google Glass while driving claiming that it is "dangerous and distracting", and threatens public safety in the same as texting while driving."
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