Man Ticketed for Driving While Eating a Cheeseburger Vindicated

The driver had one hand on the wheel and one hand on the burger.

ByABC News
February 6, 2015, 9:52 PM

— -- A man who was cited for distracted driving in Georgia when a police officer saw him eating a cheeseburger while behind the wheel has been vindicated, the Associated Press reported.

The police officer in question, whose name has not been released, cited Cobb County's distracted driver law.

Cobb County Solicitor General Barry Morgan said in a written statement Friday that his office submitted a dismissal of the case against Madison Turner, and a judge signed it. Morgan said the state didn't believe it had the evidence to prove the case beyond a reasonable doubt, given the facts and circumstances his office investigated, according to the AP.

"Maybe I was enjoying the burger too much. I needed to tone it down,” driver Madison Turner told ABC News affiliate WSB-TV last month. “I was certainly willing to do so but I didn’t expect to be fined or punished.”

Turner's attorney earlier said he expected the ticket to be overturned because many drivers, himself included, eat and drive.

"I’ve only seen something like this charge when there’s an accident,” attorney William Head said to WSB-TV. “There was no accident here, so the fact that this man was charged with eating and driving is a first for me.”