Charges dropped against man cited for eating while driving

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COBB COUNTY, Ga. - Cobb County prosecutors say they are dropping charges against an Alabama man cited for “eating while driving” under the distracted driving law.

Madison Turner said he ordered a double quarter pounder with cheese from McDonald’s last month, and a police officer pulled him over along Canton Road in Marietta after leaving the restaurant.

The officer explained to me that he observed me eating a burger for 2 miles,” Madison said. “He said specifically three times, 'You can’t just go down the road eating a hamburger.'”

The officer wrote him up under Georgia’s distracted driving law, and under the comments sections wrote “eating while driving.”

That law reads, in part: “A driver shall 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, I needed to tone it down. I was certainly willing to do so but I didn’t expect to be fined or punished,” Madison said.

According to a signed order on Friday, the Cobb County solicitor general said they would not prosecute the case, saying, “Based upon the officer’s good faith belief that the defendant committed a ‘non-cited’ traffic offense while eating and driving, the State believes the officer had probable cause to issue the relevant citation. However, the Solicitor General elects to reduce the charge to a warning.”

Channel 2 Action News is interviewing Turner about the news that the charges with be dropped against him. We’ll have live updates on this story coming up on Channel 2 Action News