Unless a law to specifically disallow the use of Glass computing devices is passed, how is this cop in the right? Isn't Google Glass off unless activated which

Unless a law to specifically disallow the use of Glass computing devices is passed, how is this cop in the right? Isn't Google Glass off unless activated which would mean you're just wearing a pair of glasses and wearing glasses is definitely not illegal while driving. Unless they can somehow prove you were using Google Glass while driving (which would be stupid in the first place) I don't see how this ticket is valid. Cecilia needs to fight this or it could set a dangerous precedent, Google needs to volunteer to pay for legal costs for her to fight the ticket, it would be in their best interests to do so.