Cecilia Abadie, the first person believed to have been ticketed for using Google Glass while driving in the United States, has won her case with the state of California.

San Diego County Traffic Court Commissioner John Blair ruled on Thursday that Abadie was not in violation of California Vehicle Code 27602, which bars “driving with monitor visible to driver,” when she was pulled over in October 2013 and found to be wearing Google Glass. Although Abadie was wearing Google Glass at the time of her ticketing (she was initially pulled over for doing 80mph in a 65mph zone), Blair ruled that the state could not determine beyond a reasonable doubt that the mobile computing device was on while she was driving.

Abadie hasn’t stated if the device was active while she was driving, but argues that Google Glass’ display is above her field of vision and therefore isn’t a distraction.

” I’m recording a video of all this,” she told reporters outside the courthouse, according to the Associated Press. “Do you feel like I’m not paying attention to you?”

Abadie’s case is likely just the first of many that will pit today’s laws against tomorrow’s technology. Three states have already banned the use of Google Glass while driving, but others argue the technology can be used safely behind the wheel of a car. William Concidine, Abadie’s lawyer, went as far as to compare using Google Glass to changing a vehicle’s radio station.

“I believe there is an information gap,” he said.

Google Glass, which is essentially a wearable computer, is currently in a prototype phase, but the technology will be offered to the general public later this year.