Many of us have grabbed a quick snack or coffee on our commute, but did you know that eating while driving can lead to a reckless driving charge in California? While California law doesn’t explicitly ban eating behind the wheel, it can still result in a citation if it impacts your driving. Here’s what to keep in mind if you’re tempted to eat while on the road.
What Constitutes Distracted Driving in California?
When people think of distracted driving, cell phones often come to mind. California has strict laws prohibiting the use of handheld devices while driving. However, distracted driving encompasses much more than just phone use. The California Office of Public Safety defines distracted driving as anything that takes your attention, eyes, or hands away from driving. This includes activities such as:
- Eating or Drinking: Even if it’s just a quick snack, eating can take your focus off the road.
- Grooming: Activities like putting on makeup or adjusting your hair while driving are considered distractions.
- Adjusting Electronics: Changing the radio, handling GPS, or setting up music can also be distracting.
- Passenger Interaction: Conversations or interactions with passengers can divert attention from safe driving.
In short, any activity that interferes with your focus, even something as seemingly harmless as eating, can be grounds for a traffic stop if it affects your driving performance.
How Eating While Driving Could Lead to a Reckless Driving Charge
While eating itself isn’t illegal in California, the way it affects your driving could lead to charges. The California Highway Patrol (CHP) has increased its focus on distracted driving, and if an officer observes that eating is affecting your ability to drive safely, you may be pulled over. Under California Vehicle Code 23103 VC, reckless driving is defined as “a willful or wanton disregard for the safety of persons or property.”
Examples of Eating Leading to Reckless Driving
Consider these examples where eating could escalate to reckless driving:
- Swerving or Braking Suddenly: If reaching for food causes you to drift into another lane or brake too quickly, an officer may interpret this as reckless behavior.
- Failing to Obey Traffic Signals: Being distracted by food may lead you to miss a red light or fail to yield, both of which can be grounds for reckless driving.
- Endangering Pedestrians or Cyclists: If eating causes you to react slowly to pedestrians or cyclists, you could be charged with endangering others.
Because the reckless driving statute is broadly defined, officers have a lot of discretion in deciding what constitutes “willful or wanton disregard,” and eating could fall under this if it impedes safe driving.
Potential Penalties for a Reckless Driving Conviction
If you’re cited for reckless driving due to eating or any other distraction, the penalties can be steep. A reckless driving conviction in California can result in:
- Up to 90 days in county jail
- A fine of up to $1,000
In addition to fines and potential jail time, a reckless driving conviction adds points to your driving record, which can lead to higher insurance premiums and potential license suspension if you accumulate too many points.
Tips to Avoid Distracted Driving Charges
To reduce your risk of distracted driving citations, consider the following tips:
- Eat Before You Drive: If possible, avoid eating in the car altogether to maintain your focus on driving.
- Pull Over for Snacks: If you must eat, pull over to a safe spot to finish your food before resuming driving.
- Limit Other Distractions: Adjust your GPS, radio, and climate controls before starting your journey to avoid unnecessary distractions.
Taking these precautions can help prevent behaviors that could be deemed reckless or unsafe and keep you focused on the road.
Consult Law Office of Michael L. Fell for Legal Assistance if You’re Charged with Reckless Driving
If you’re facing a reckless driving charge related to distracted driving in California, it’s essential to consult a criminal defense attorney who can help protect your rights and build a defense. At Law Office of Michael L. Fell, we understand the nuances of California’s traffic laws and have the experience to handle cases involving distracted and reckless driving charges. Contact Law Office of Michael L. Fell at (949) 585-9055 to schedule a free consultation and discuss your options for fighting the charge and protecting your driving record.