Can you eat while driving? What Florida law says about distraction behind the wheel
You head into the drive-thru, order the burger combo, unwrap it before you pull back into traffic.
But can you legally eat it while driving?
Florida law doesn’t prohibit eating while driving. If it did, we’d all be guilty.
But the law does crack down on what could happen if you eat and drive: careless or reckless driving that could start as a distraction.
And what could be more distracting than hot burrito beans dropping on your crotch while you navigate Miami’s roadways?
Here’s what to know:
Driving distractions
According to the Florida Department of Transportation, there are three types of distraction: manual, visual and cognitive:
▪ Manual distraction involves taking your hands off the wheel.
▪ Visual involves taking your eyes off the road.
▪ Cognitive involves taking your mind off of driving.
READ MORE: What time is the most dangerous to drive in Florida? It goes beyond the rush hour
Is eating while driving illegal in Florida?
The Florida Department of Transportation says that “activities such as eating, talking to passengers, reading, adjusting the radio or climate controls, dealing with children, and being fatigued or drowsy can be equally as distracting” as texting on a cellphone.
These activities aren’t illegal, but that doesn’t mean that they can’t land you in serious trouble.
Penalties for careless and reckless driving
▪ Careless driving: If trying to get the perfect bite of a burrito causes you to swerve, speed or otherwise drive dangerously, you can be cited for a moving violation under a careless driving statute. That could cost you up to $500 in fines.
▪ Reckless driving: If your distracted driving causes a crash, you could be charged with reckless driving. According to Florida law, reckless driving occurs when a driver operates a vehicle with “willful or wanton disregard for the safety of persons or property.”
▪ Penalties: If convicted, you could face up to 90 days in prison or a $500 fine for a first offense, and up to six months or a $1,000 fine for a subsequent offense.
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