No, I could be holding it to my ear despite it being turned off, as stupid as that sounds. The point is, in the case of the phone, the officer never has proof that the phone was on.

And if driving with Glass while it's on is illegal, shouldn't those dash mounts for phones be illegal too??

    No, I could be holding it to my ear despite it being 
    turned off, as stupid as that sounds. The point is, in
    the case of the phone, the officer never has proof that
    the phone was on.

It is customary to wear Glass with the screen off but not to do the equivalent with a phone. The law is not like software; the judge can consider the case and make the sensible ruling.

It is the distraction to driving that illegal. All forms of distracted driving are illegal, at least that is my understanding of the law in Colorado and Texas USA. So purposely taking 2 second blinks, driving with one of two good eyes closed, driving with your knees, etc is a ticketable offense. Driving while holding a phone to your ear would fall into this category. Wearing google glass while off does not seem to.

Additional laws exist probably to increase the fine or the ease of enforcement of various distractions like using a phone.

  > in the case of the phone, the officer never has proof that the phone was on.

The phone company does.

No, the phone company has evidence that it communicated with tower within some period of time. The phone could still be powered up in a disconnected state, or communicating with the same tower before the driver got into the car, or.. (insert 20 other possible mitigating circumstances)

It's not that simple. Which is one of the reasons it's a good thing this was dismissed.

The expense of pulling phone records will outweigh the traffic ticket anyway, and neither party would be particularly interested in going that way.

Well, his implication was that if you're talking on the phone to somebody the phone company knows (or if you just sent a text, for example).

So does the NSA.