What will CA and the courts do when prescription Glass arrives?
Reportedly, Google is in talks to produce prescription Glass in or by 2014:
http://www.eweek.com/mobile/google-in-talks-to-make-google-glass-available-in-prescription-versions.html
As for the cited driver, if the police would have run a court order to the signal provider, and if the GPS information shows the device was either OFF or at least not deliving live, distracting footage, and if diagnostics on the device (assume the device was seized or if remote telemetry is available in the abscence of seizure) was not running locally-displayed content, then why the court case at all?
Besides going after drivers wearing Google Glass, why not crack down on drivers wearing earbuds in BOTH ears. I have since 1992 or so known that even then it was illegal to be driving and be wearing or having inserted TWO earbuds. It was in the CVC (California Vehicle Code) back then and I presume it still applies today. I've never driven with two earbuds in, and avoided doing so with one, just to avert issues. But, equally bad, considering the intent of the code, was drivers blasting music so loudly that it would be impossible for such a motorist to be aware of emergency sirens or other sounds of warning in the audio spectrum.
Nowadays, drivers are tooling around with the even-more-sound-damping/dampening earbuds, the rubbery, expanding types that are good enough to replace sleepers' ear plugs in some cases. Why not crack down on drivers wearing a SINGLE, sound-damping earbud?
Better yet, why not emergency-promulgate a law stating that police sirens activated within 500 feet of vehicles have an ability to temporarily block some features of such devices as Glass and mobile phones when the device is on and in a moving motor vehicle? It might require such drivers to PIN-activate their devices or airplane-mode them as legal safety to try to prove their devices are not involved in driving incidents, and to help reduce the risk of motorists having their devices seized. But, some card-carrying rights activitst as well as anti-rights forces would all have something to say against such technology, even if all it would do would be to scribe crawler/message into the view of the worn Glass devices.
Ordinary motorists operating their vehicles while wearing Glass can NEVER, EVER be trusted to be as skilled as fighter pilots, specially trained vehicle/aircraft handlers, and others. So, neigher Google nor other advocate can DARE sanely try to posit such an idea, no matter how well they think they've tuned up their interfaces.
Still, +1 for the motorist on her apparent proof that her device was turnd off. That apparent fact renders her Glass device no more distracting to her than cheap sunshades. Probably no worse than teaser earbuds (of the 1990s kind) with the audio jack clipped off and the buds incapable of delivering a legally-prosecutable distraction to a motorist or cyclist.
Edit: appended (but did not edit the above):
And, -1 for speeding! Speed, in many cases, especially when negligently used, KILLS, MAIMS, or DESTROYS! Speeding in any area -- schools zone, or desert, is costly. First responders still must respond even if she crashed or rolled over in a desert or dry/barren mountainside.