The Associated Press reports that A San Diego, California woman just escaped a fine for driving while wearing her Google Glass device, but keep your fighter-pilot-HUD fantasies in check for the time being: The woman wasn’t acquitted, but rather the case was thrown out due to lack of evidence.

Back in October of last year, Cecilia Abadie was pulled over by California Highway Patrol for what began as a speeding infraction. Once the officer approached the car and saw that Abadie was wearing the Google Glass device, she was also cited for wearing a “visual monitor” while operating a motor vehicle. Abadie did not take the news well.

“She got a little argumentative about whether or not it was legal for her to wear them,” the issuing officer said, noting that he hadn’t planned on citing Abadie when he initially approached the vehicle.

Though the officer maintained that wearing the Google device was a violation of California law, Abadie vowed to take the matter to court.

She notched a small victory (perhaps for all Google Glass users) Thursday, when a San Deiego court commissioner dismissed the ticket for two reasons: One, the officer issuing the citation was unable to prove that the device was operational when he pulled Abadie over. Two, an expert failed to appear to testify as to whether the device was “calibrated,” though it’s unclear at this time what that means in the context of this incident.

“There is no testimony it was operating or in use while Ms. Abadie was driving,” the commission stated during the hearing.

As such an emerging and untested technology, early adopters of Google Glass have found themselves burdened with finding out where and when it’s appropriate to use the device, and when it’s not. As evidenced Thursday, even courts and authorities aren’t always sure how to handle the new device. Some entities have chosen to self-regulate, like one restaurant in Seattle that unapologetically  banned patrons from wearing the device while dining.

Back in July, a New Jersey man captured what’s believed to be the first ever video of a police arrest using Google Glass. Though there are no reports of interest from the police, there are several documented cases of police seizing phones or cameras used to document police activity without their consent.