Davis Law Group, P.S.

Should it be Illegal to Eat While Driving?

State laws do not prohibit eating or drinking (non-alcoholic beverages) while driving, yet eating behind the wheel is considered more distracting than talking or texting behind the wheel.

Based on several studies done, eating is the most distracting act a driver can commit from behind the wheel. So, should it be illegal?

Police say there is another statute that may come into play.

Drivers can be ticketed for second-degree negligent driving when they are engaged in an activity that “operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property,” according to state law.

That offense is a $250 fine.

According to the statue, negligent “means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.”

“So what you are attempting to eat or drink, as well as your relative driving ability, may come into play,” Bellevue police spokesman Greg Grannis said.

“Some people can handle a single cheeseburger or cup of coffee. If you can’t, wait until you get where you are going, or finish the food or beverage before you go. It is not worth causing an accident, and all that goes with it."

Therefore, even though eating behind the wheel itself is not illegal, technically, you can get a ticket for it. If you are being a responsible driver and drinking your coffee on your way to work – the chances of you getting pulled over are slim. But if you are indulging in a cheeseburger or bowl of cereal, that requires a lot of attention and both of yours hands, there is a high chance of you getting pulled over if a police officer sees this behavior.