Alabama man ticketed for eating while driving near Atlanta

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An Alabama man is in shock after he says a police officer in Georgia gave him a ticket last week.  The charge? Eating while driving.

Thousands of people do it every day around the metro Atlanta area.  But a man from Alabama says taking a big bite out of that burger is exactly what got him in trouble with Cobb County Police after he went through a McDonalds drive-through on Canton Road on his way to visit a friend.

"The officer explained to me that he had observed me eating a burger for about two miles," said Madison Turner, the man ticketed.

He had a double quarter-pounder with cheese, in fact.

"He said, specifically, three times, you can't just drive down the road eating a hamburger," said Turner.

According to the ticket, the officer wrote him up under the distracted driving law.  Under the remarks, the officer wrote, "eating while driving."

Turner said he was not exceeding the speed limit or driving erratically.

Is this really illegal?

"If this was the law, I'd have to hire more attorneys because everybody does it, including me," said William Head, an attorney.

Head is a longtime traffic and DUI attorney.  He is not representing Turner.

"There was no accident here, so the fact that this man was charged with eating and driving is a first for me," said Head.

Turner says he's going to fight this.

"I didn't expect to be fined or punished," he said.

Local news station WSB reached out to Cobb County Police for comment.  The department wouldn't issue a statement, saying to case is ongoing.