If you've ever scarfed down a fast food meal while driving during your 30-minute lunch break, you can relax; you probably won't be pulled over by a cop who has too much time on his hands.
A Cobb County cop ticketed a motorist just minutes after he left a McDonald's drive-thru while eating a hamburger on January 10. But Cobb County Solicitor General Barry Morgan, whose office prosecutes traffic misdemeanors, says there is no law against eating while driving, unless the act of eating causes unsafe driving.
I think everybody in the world has done this before,” Morgan told The Fulton County Daily Report. “Obviously, why do we have drive-thrus?”
Morgan said his office will only prosecute the case if the officer can prove eating the burger affected the motorist's driving.
“It’s not eating something that’s a violation of the law,” Morgan said, adding that eating has to be distracting and the distraction has to cause the vehicle to be operated in an unsafe manner. “To be successful and prove the case beyond a reasonable doubt, all three elements have to be present," Morgan told The Daily Report.
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