The law cited by the ticketing officer requires drivers to “exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.”
“Maybe I was enjoying the burger too much,” Turner told Channel 2 Action News. “I needed to tone it down. I was certainly willing to do so, but I didn’t expect to be fined or punished.”
After the citation was issued, Solicitor Barry Morgan said it's generally not the specific action alone that violates the law, but when that action distracts a driver and leads to unsafe driving that there's a problem.
The driver has to be engaging in an action, the action has to be distracting and the distraction has to cause the vehicle to be operated in an unsafe manner, Morgan said.
“To be successful and prove the case beyond a reasonable doubt, all three elements have to be present,” Morgan said.