Eating while driving - is it still legal or not?

[laureano97]

California - watch out the rest of the nation, what goes in California goes to the nation... I heard on the radio the other day while listening to a talk show, a guest called in and said he stopped and got a hamburger at a drive through. He gets his food and leaves. He drives, is eating his food as he is driving like he and the rest of us have always done, and sure enough he gets pulled over and is given a ticket for distracted driving using the hands free driving law as the basis for the citation. The hands free law came out in July of 2008 in California in response to cell phone users talking on their phones and not paying attention to their surroundings. Nothing more than cell phones. I have never heard of eating while driving is grounds for a hands free violation. If this guy is eating a hamburger while driving, so what? If he slobbers and gets ketchup on his t-shirt, that's his business. The main point is where does this stop? If I am eating sunflower seeds and drinking an energy drink while driving from Los Angeles to Reno to stay awake, am I going to get a ticket now also? What if I stop and decide to grab a burger and fries and a soda, and munch them while I'm driving up I-5, is Mr. Highway Patrol going to give me a ticket for distracted non-hands free driving? Sunflower seeds, potato chips, drinking a soda while driving are now illegal in California? What about smoking a cigarette or talking on your CB radio? Changing the radio station? Looking at your GPS? What's next??? What does the community know about eating and driving being a traffic violation?

[darrell]

There does not appear to be a basis under the law to be "given a ticket for distracted driving using the hands free driving law."

[calin]

Many of the laws you refer to are to promote good driving habits and reduce the tremendous cost to society of traffic crashes, injuries and deaths.

Instead of trying to distract yourself with food and electronic devices, why not keep both hands on the steering wheel and both eyes on the road?

If you feel drowsy enough to risk your life and mine and hope that sun flower seeds will save you - don't pull off in a rest area and take a quick power nap.

Many of the scenarios you describe may not have a specific mention in the law, but fall under the catch-all charge of careless driving.

[stanciyf]

Yes, you can since it is a distraction to people when they are driving.