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(ATLANTA) —  A man was cited for alleged distracted driving in Georgia when a police officer saw him eating a cheeseburger while behind the wheel, according to ABC affiliate WSB-TV.

The police officer in question, whose name has not been released, cited Cobb County’s distracted driver law, and the driver has a court date scheduled for Feb. 3, the Atlanta station said.

“Maybe I was enjoying the burger too much. I needed to tone it down,” driver Madison Turner told the station. “I was certainly willing to do so but I didn’t expect to be fined or punished.”

Cobb County Court would not comment to WSB-TV because the case is ongoing, but Turner’s attorney said he expects it to be overturned because many drivers, himself included, eat and drive.

“I’ve only seen something like this charge when there’s an accident,” attorney William Head said to WSB-TV. “There was no accident here, so the fact that this man was charged with eating and driving is a first for me.”

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