Drinking while driving

Driving Consumers to Distraction This article mentions Michigan's driver's license restriction "no food within reach." This restriction can be invoked after having "food related" accidents.

Eating While Driving Could Lead to Crash Diet Article states that California law requires an officer to note distractions that could have contributed to an accident.

State Laws Vary On Driving Distractions In New Hampshire drivers face fines of up to $1000 if the officer finds evidence of distracting activities being the cause of the accident. Article mentions laws and restrictions in different states regarding distractions while driving, but does not specifically mention a law against eating or drinking while driving.

Most laws and restrictions are based on the use of a cell phone while driving as seen here.

Interesting reads:

Meals On Wheels

Dashboard Dining: The Other Side of the Story

Danger Lurks At Take-Out Window: Driving Risk Studies Spur Little Reaction

If you will provide the state you live in, I can look for more specific information concerning your question.

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I am sorry, I forgot to mention that I'm in Washington State. Afriend of mine was visiting from Oregon State, and he relayed to me that his friend had received a ticket for Drinking a Pepsi while driving, he questioned the officer, and the officer replied, nothing can obstruct your vision while operating a motor vehicle. So we are trying to find the correct answer to this question.

Thanks for your reply. Where exactly was the ticket given? I need city and county, just in case the law is specific to a certain township or county.

I also need to learn the circumstances under which he got the ticket. What cause was given for pulling him over? Where there any other tickets or infractions involved? Sometimes a person can be pulled over for one thing (missing headlight), but once the officer has the person on the side of the road more infractions may be discovered.

Edited by Dear Candace on August 26 2006 at 2:35am

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I have researched Washington and Oregon State laws. Neither state specifically prohibits eating food or drinking non-alcoholic beverages while driving. But, both states have requirements for exercising due care.

Likely, the friend who received a ticket for drinking his Pepsi while driving was originally pulled over for a different reason. If an officer observes behavior that is putting others at risk, he can pull someone over. For example, let's say the friend swerved when driving and drinking the Pepsi. The "swerve" could be just cause for pulling the driver over, if the officer thinks the person is driving dangerously.

Oregon's Rules of the Road for Drivers requires under Duties to Pedestrians and Bicycles to exercise due care. See this link:

Oregon Driver Manual

"Exercise due care" is a catch-all phrase that can include avoiding obstructions of vision. It would be important to know the exact circumstances of this ticket being given in order to know if there was just cause.

Just for your information, here is Washington's Driver's Manual:

State of Washington's Driver Guide

See Safe Driving Tips: Seeing Well. This is Washington's catch-all phrase, giving an officer the right to charge someone with a driving infraction.

As you can see from the reference material in my first post, there is rising concern over distractions that cause driving accidents. Drivers should be aware that law enforcement is getting more serious about this issue. While most states are enacting laws regarding the use of cell phones, I have not yet seen a state enact a law prohibiting eating food or drinking non-alcoholic beverages, except for the license restriction in Michigan.

Thus, law enforcement relies on the catch-all phrases in the driver's manuals in order to have an avenue of ticketing someone who was driving carelessly. Public sentiment would probably make getting a prohibition against dashboard dining passed as a law very difficult. Click here to read more discussions on eating and driving.

Let me know if you need more assistance with your question.

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