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Is it illegal to eat while driving in California?

I grabbed lunch at a drive-thru and was driving back to work with a sandwich in my hand. Next thing I know, I’m getting pulled over! I got a ticket for distracted driving—over a sandwich. Is it really illegal to eat while you drive in California?

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Mary Cahill · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
I’m sorry to hear about your unfortunate lunch break! Technically speaking, there is no law against eating while driving in California, so it’s not illegal. That said, there is a law against distracted driving and it’s not uncommon that California law enforcement officers interpret eating behind the wheel as such.
California has fought hard to banish distracted driving due to the thousands of motor vehicle deaths that occur in the state year after year. Other forms of distracted driving include:
  • Holding your mobile device while driving
  • Drinking a beverage
  • Self-grooming or applying makeup
  • Chatting with passengers
Since it’s up to the police officer’s discretion on whether or not to hand you a ticket for distracted driving—if you feel you must eat while you drive, pay close attention to the road and keep your hands on the wheel as much as possible.
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