Eating While Driving: A Driving Offense in Weld County?

Is eating while driving a driving offense in Colorado? Read more in our blog.

A man from another state was pulled over and ticketed for distracted driving. What was he doing that made the police officer feel the need to reprimand him with a ticket? Eating a double quarter pounder with cheese. Officially, the ticket was for “eating while driving.” Now while this happened in another state, could you be pulled over in Colorado for something as simple as eating in your car?

Distracted Driving in Greeley

The Colorado Department of Transportation defines Distracted Driving as: “any activity that can divert your attention away from the primary task of driving.”

According to CDOT, the following activities are considered distracting:

  • Using your cell phone or smartphone
  • Eating or drinking
  • Engaging with passengers, kids or pets
  • Shaving or applying make-up
  • Reading a map
  • Adjusting the radio, cd player or MP3 player

But, are these activities actually illegal in Greeley, Windsor, and Evans? Yes and No. Most of the activities on this list are not directly against the law. However, a police officer could ticket someone for Careless Driving, C.R.S. 42-4-1402, or Reckless Driving, C.R.S. 42-4-1401, if the person showed a lack of concern regarding the road and road conditions or a disregard for the safety of others. Some of the above activities may qualify for these charges and result in a summons being issued with your name on it.

Cell Phone Use While Driving in Weld County

C.R.S. 42-4-239 – Misuse of a Wireless Telephone – describes the illegal activities involving cell phones while operating a motor vehicle. It is against the law for a person under 18 years of age or a person with a driver’s permit to use a cell phone to call or text at any time while driving in Weld, Morgan and Logan County. For adults 18 years or older with a valid driver’s license, it is illegal for a driver to engage in text messaging or other similar forms of manual data entry or transmission while driving. This covers things like checking Facebook, Twitter, or your email while operating a motor vehicle.

If you or a loved one has been contacted by the police regarding any driving offense, be smart, exercise the right to remain silent and contact O’Malley Law Office, P.C., or call at 970-616-6009. Together, we can protect your future.

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