Alabama man ticketed for eating and driving

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COBB COUNTY, GA - 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.

Rachel Stockman reports.

(Voice of McDonald's employee): "Thank you for choosing McDonald's drive-thru.  Would you like to try one of our value meals?"

Thousands of people do it every day around the metro 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.

(Madison Turner / Man Ticketed): "Officer explained to me that he had observed me eating a burger for about two miles."

A double quarter-pounder with cheese, in fact.

Madison Turner gave us a copy of the citation.

(Madison Turner / Man Ticketed): "He said, specifically, three times, you can't just drive down the road eating a hamburger."

According to the ticket, the officer wrote him up under the distracted driving law.

Under the remarks, the officer wrote, "eating while driving."

(Madison Turner / Man Ticketed): "Even though I was not exceeding the speed limit or driving erratically."

So we wanted to know-is this really illegal?

(William Head / Attorney): "So, if this was the law, I'd have to hire more attorneys because everybody does it, including me."

We showed the ticket to long-time traffic and DUI attorney William Head, who is not representing turner.

(William Head / Attorney): "There was no accident here, so the fact that this man was charged with eating and driving is a first for me."

Turner says Hess going to fight this.

(Madison Turner / Man Ticketed): "I didn't expect to be fined or punished."

Local news station WSB reached out to Cobb County police for comment on the ticket.

The department said it couldn't comment on the ticket since the case is ongoing.