A San Diego traffic court has thrown out a summons against a woman who authorities said was driving while wearing the Google Glass computer-in-eyeglass device.
Commissioner John Blair ruled on Thursday that Cecilia Abadie was not guilty because the code she was cited for required 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, said she was among some 30,000 people called "explorers" who had been selected to try out Google Glass before the technology become widely available to the public later this year.
The device on a kind of glass-wear frame features a voice-operated 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 Google Glass and tacked on a citation usually given to people driving while a video or television 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.
Legislators in at least three US states 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."
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