Interestingly, there is no specific offence for eating and drinking non-alcoholic drinks while you are driving.
However, if you are eating or drinking and you are found to not have ‘proper control’ over your vehicle, then you may be fined.
Some key examples of behaviour that could be fined are: –
- Controlling the steering wheel with your knees instead of hands;
- Holding food in one hand and the steering wheel in the other; and
- Driving with a few fingers on the steering wheel whilst holding a coffee in one hand and a cigarette in another.
If Police use their discretion and deem you did not have proper control, the following will apply: –
- Drive without ‘proper control’ – $481 and 3 demerit points; or
- Drive without ‘proper control’ in a school zone – $603 and 4 demerit points.
If you require assistance with a driving and traffic offence, please contact our office to speak to one of our experienced solicitors on (02) 4655 4224.
