Cecilia Abadie was pulled
over for speeding on Tuesday in San Diego and given an additional
citation for driving while wearing her Google Glass. The officer
considered the head-mounted display a monitor that was visible to the
driver. Shocked, Abadie posted a copy of the ticket on Google+.
Traffic laws vary state
by state, but many now have broad distracted-driving laws or bans on
certain monitors that could easily apply to Google Glass.
The California law cited in Abadie's case is meant to prevent people from watching television while driving. V C 27602
prohibits televisions and similar monitors from being turned on and
facing the driver. There are exceptions for GPS and mapping tools and
screens that display camera feeds to help the driver navigate. If a
device has a safety feature that limits its display to approved uses
while driving, it can be allowed.
"I think the law is broad
enough to say it violates the law," said San Diego attorney Mitchell
Mehdy, also known as "Mr. Ticket." Mehdy has been working in traffic law
for 25 years and said this is the first case he's heard of involving
Google Glass.
Abadie says her Google Glass was not turned on when she was pulled over, and that the officer
said the screen was blocking her view. The Google Glass display is
located slightly above the right eye, not directly in front of the eye.
Google does warn users
about running afoul of traffic laws in its Google Glass FAQ: "Most
states have passed laws limiting the use of mobile devices while driving
any motor vehicle, and most states post those rules on their department
of motor vehicles websites. Read up and follow the law!"
However, in another
section on navigation, it says Glass can give turn-by-turn directions,
"whether you're on a bike, in a car, taking the subway, or going by
foot."
Glass fans defended the
technology in comments on Abadie's post, saying that a voice-activated
screen close to the eye could actually be safer than trying to check a
smartphone or other monitor while driving.
"Glass is far safer than
any other means of information delivery. It is out of your view and not
distracting," said Aaron Kasten, who compared it to checking speed and
other information on a car's dashboard, which requires taking your eyes
off of the road.
The turn-by-turn
directions on Glass can be turned on with a voice command. The display
will show a map view, but for extra safety the screen can be turned off
while driving so there's only voice navigation.
A Google Glass
spokesperson didn't address the ticket directly but emphasized
responsible Google Glass usage, saying, "As we make clear in our help
center, Explorers should always use Glass responsibly and put their
safety and the safety of others first. More broadly, Glass is built to
connect you more with the world around you, not distract you from it."
Abadie could take the case to court and try to get the Google Glass portion of the ticket dismissed.
"How can this officer
prove that this display was being activated or was actually on at the
time and what kind of signal she's getting?" said Mehdy.
State laws are always
adapting to new technology, and Google Glass is still a somewhat rare
sighting. The device is only available as part of a beta program and is
not yet sold commercially. According to Mehdy, new technology is a
tempting target for law enforcement looking for new ways to bring in
money.
"There's a wealth of
revenue to be generated from technology. The traffic law enforcement is
coming and saying wow, we've got this new incredible device and we want
our piece too," said Mehdy. With a mandatory minimum fine in California
is $162, this is just the beginning of more tickets for Google Glass
wearers according to Mehdy.
Law enforcement is
increasingly enforcing distracted driving laws. During the month of
April, there were more that 57,000 distracted driving tickets issued in
California as part of Distracted Driving Awareness Month, according to
the California Office of Traffic Safety.
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