After she was stopped for speeding on a California highway, a driver was given a ticket for wearing Google’s (GOOG) new high-tech headset. Her attorney’s say there is nothing illegal about wearing the device while driving and she will contest the citation.

Cecilia Abadie, who is one of the early adopters testing Google Glass, was ticketed for driving 80 mph on a stretch of road with a 65 mph speed limit. She was also cited for violating California Vehicle Code 27602 by wearing the headset. Adadie’s lawyer says the device was not turned on while she was operating the vehicle and that the law doesn’t cover Google Glass, the Los Angeles Times notes.

Last week, the California Highway Patrol (CHP) officials noted that under state law, it is impermissible to operate a motor vehicle while a “television receiver, a video monitor, or a television or video screen, or any other means of visually displaying a television broadcast or video signal that produces entertainment or business applications” is located in the car where the driver can see it. A CHP official indicated that while there is no specific directive against Google Glass, police are trying to reduce incidents distracted driving.

The incident is thought to be the first time anyone has been ticketed for wearing Google Glass while driving.

Last month, Google was reported to be ramping up production of Google Glass units ahead of a promotional push for the device’s expected launch next year.