Eating While Driving, A Surprising Violation in Georgia
We all know it’s illegal to drink alcohol while driving a car. An open container will even get you in big trouble? But what about eating while driving your car? You probably never thought you could get a ticket for that! But if you’re in Georgia you can!
Alabama Resident Ticketed for Eating a Cheeseburger while Driving in Georgia
In January an Alabama resident, Madison Turner, was cited just outside of Atlanta for driving while eating a Double Quarter Pounder with cheese from a McDonald’s drive thru. Turner says the officer who gave him the ticket told him that he had following Turner while Turner had been eating the cheeseburger for two miles, stating, “You can’t just go down the road eating a hamburger.”
Georgia’s Distracted Driver Law: No Explicit Mention of Food, But Actions That Distract
You’re probably wondering why Georgia has a law against eating and driving. But it doesn’t. At least not in so many words. Rather, Turner violated Georgia’s law that makes distracted driving illegal. The state’s distracted driver law does not explicitly mention food, or hamburgers for that matter. It states that drivers cannot engage in actions that distract them from operating a vehicle safely. Turner, however, argues that he was and can safely operate a vehicle while eating a cheeseburger at the same time.
Eating and Driving Laws in Other States: California and New Jersey
Georgia isn’t the only state in the country where you can get a ticket for eating while driving. California also has a law against distracted driving under which a driver can be ticketed $145 to $1,000 for having “wanton disregard for the safety of persons or property.” Officers will ticket drivers who are eating, applying makeup, reading, or doing anything else that can take their attention away from the road.
Lawmakers in New Jersey have also proposed a distracted driving law that would make it illegal to eat, smoke or apply makeup while driving. Under the bill, drivers would be pulled over for engaging “in any activity unrelated to the operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle.”
Enforcement Issues: The Lack of Clear Definitions in Many Distracted Driving Laws
Research suggests that distracted drivers are involved in 80 percent of collisions or near-crashes, and governments big and small increasingly are addressing the concern by restricting cellphone use and other negligent conduct behind the wheel. The problem with many of these laws, however, is that they do not define or describe actions that will get you a ticket for distracted driving. Instead, it is up to the individual officer whether or not you get a ticket.
If you’ve received a ticket for eating your breakfast during your commute, talk to an experienced California traffic professional today.