There is no law in Virginia prohibiting drivers from eating behind the wheel. However, this does not mean that it is a good idea to do so. Eating while driving is one of many forms of distracted driving, as it takes a driver’s attention away from the road and their surroundings. Distracted driving is extremely dangerous; even taking your eyes away from the road for a few seconds is enough to cause a preventable accident. While eating behind the wheel is not illegal in and of itself, it can lead to erratic driving, which could result in a police officer pulling you over. In some cases, a driver could be charged with reckless driving or another offense for driving dangerously because they were distracted by food. If you are facing a traffic charge related to eating while driving or another form of distracted driving, you can learn more about your legal options by contacting the Virginia traffic lawyers of Driving Defense Law at (757) 929-0335.
How Dangerous Is Distracted Driving?
Distracted driving is one of the most common causes of serious car accidents in the United States. According to the Centers for Disease Control and Prevention (CDC), about nine Americans are killed each day in crashes that involve distracted drivers. In 2019, more than 3,100 people were killed and another 424,000 were injured in accidents involving distracted drivers.
Many states have recognized the severity of this problem by enacting laws that prohibit certain forms of distracted driving, such as texting while driving. According to the Virginia Department of Motor Vehicles, any form of cell phone use when behind the wheel has been illegal since January 1, 2021. Texting while driving is considered a primary offense in Virginia, punishable by a $125 fine for the first offense and a $250 fine for the second and subsequent offenses. Even though eating while driving can pose similar risks, however, there are currently no laws against it.
Why Is Eating While Driving Considered Distracted Driving?
The National Highway Safety Traffic Administration (NHTSA) divides distracted driving into three main categories:
- Manual – Distractions that require the driver to take one or both hands off the wheel.
- Visual – Distractions that take the driver’s eyes away from the road.
- Cognitive – Distractions that divert the driver’s attention from driving.
Eating while driving can fall into all three of these categories. The act of eating always presents a manual distraction, as the driver must remove at least one hand from the wheel to eat. Drivers also take their eyes off the road to pick up food and drinks. Eating while driving can also turn into a cognitive distraction if something happens to take the driver’s mental attention away from the road, such as spilling food on their shirt.
What Are Some Other Examples of Distracted Driving?
Anything can be a distraction if it takes a driver’s hands, eyes, or mental attention away from the road. Other than eating or drinking, some of the most common examples of distracted driving include:
- Adjusting air conditioning or heating
- Using the radio or entertainment system
- Texting and talking on the phone
- Talking to passengers
- Using the mirror to groom yourself or apply makeup
- Operating the GPS navigation system
When a distracted driver causes an accident because of the distraction, they can be held liable by others who are injured in the accident. You can learn more about eating while driving and other types of distracted driving by speaking with the Virginia traffic lawyers of Driving Defense Law.
Can You Get Pulled Over for Eating While Driving?
Although there may be no specific statute that prohibits eating while driving, a police officer could still pull a car over for doing so if they believe that the driver is acting recklessly as a result of their distraction. Drivers who get pulled over in this situation might not receive a ticket for distracted driving, as current Virginia statutes only prohibit cell phone use while driving. However, an officer could issue a ticket for reckless driving or another traffic offense if eating affected the motorist’s driving.
Reckless driving charges are often filed in cases involving excessive speeding. However, according to the Code of Virginia, driving in any way that endangers “the life, limb, or property of any person” constitutes reckless driving. Since distracted driving has been proven to significantly increase the risk of being involved in an accident with severe or fatal injuries, eating while driving could potentially be considered reckless driving. If you have questions about when eating while driving might be considered a traffic offense, consider reaching out to an experienced Virginia traffic attorney with Driving Defense Law.
What Are the Penalties for Reckless Driving in Virginia?
In Virginia, reckless driving is a class 1 misdemeanor, which carries the following maximum penalties when convicted:
- 12 months in jail
- A suspended license for 6 months
- Six points added to driving record
- A fine of up to $2,500
In addition to these penalties, a reckless driving conviction on your criminal record can lead to major difficulties in your personal life, including trouble finding employment or housing. Due to the serious consequences of a conviction, people charged with reckless driving should consider seeking legal guidance from an experienced Virginia traffic lawyer.
How Can a Virginia Traffic Lawyer Help?
If you are charged with reckless driving, you may wish to work with an experienced Virginia traffic attorney who can provide useful legal guidance throughout the process and attempt to construct a strong defense. A lawyer can raise certain questions in court that could potentially lead to an acquittal, such as:
- Did anyone else witness the alleged reckless driving?
- Did the arresting officer follow all procedural rules before making the arrest or issuing a ticket?
- Does the defendant have a clean driving record other than the alleged reckless driving?
Learn More From Our Virginia Traffic Attorneys
If you were eating while driving and got pulled over, you may have questions about your legal rights. Whether you were issued a ticket for distracted driving or are being charged with a more serious criminal offense like reckless driving, you may wish to consider discussing your situation with a Virginia attorney who specializes in defending against traffic charges. An experienced traffic attorney will typically review your case, develop a defense against the charges, and assist you in seeking the best possible outcome for your traffic case. For more information on fighting traffic offenses in Virginia, contact Driving Defense Law today at (757) 929-0335.
