en Passant

Yesterday, a woman (who wishes to remain anonymous) was the first person ticketed for driving while eating. She had just bought a cheeseburger in the drive-thru lane at In-n-Out Burger. Officer Smith pulled her over for reckless driving when he stopped our driver leaving the establishment, maintaining control of the car with her knees and holding the burger in one hand and tring to get a sip of her chocolate shake.

California's latest Safe Driver Law enacted January 1st, mandates that anyone who attempts to drive a car while not maintain two hands on the steering wheel at at all times (10 & 2) will/can be ticketed for reckless driving. The law was initially designed to curb the rising number of accidents caused by drivers talking on their cell-phones. Many active lobby groups and a persistent civil-liberties groups pointed out the number of unsafe drivers reading newspapers, doing their makeup and eating in the car are all equally unsafe. The Safe Driver law was broadened to encompass all unsafe driving. In cases where multiple incidences occurred concurrently, drivers can expect severe fines, mandatory safe-driving classes and even jail time.

One active lobbyist is quoted saying, Tony's Deli on Fourth would like to thank all that voted for the Safe Driver law. My afternoon sit-down crowd has doubled and tips are through the roof!" Now that people can no longer eat in their cars, they are having to dine in restaurants. Fast-food restaurants, previously focused on families with young children are unable to lure in the corporate, quick lunch crowds due to the loud colors and noisy play structures. Many local delis that are able to handle the enormous crowds are experiencing the best growth seen in years. Tony's owner states "Not since the green-pasta diet have we seen such enthusiastic crowds during lunch."

According to the officer, she faces a $5,000 fine and possibly mandatory traffic school for her actions. This does not account for the possible rate increases that her insurance carrier might include. Our female driver plans to sue the restaurant for not warning her of the potential safety hazards of driving while eating. She points out that they also never disclosed that state laws require the burger remain wrapped, in the backseat or in the trunk. Representatives from In-n-Out Burger could not be reached for comment, but this reporter recently found on the In-n-Out corporate website a pop up stating their drive-thru lanes will soon be closed, to avoid further potential litigation. Other fast-food chains are expected to follow.

Restaurants still following the walk up model, like A&W or Dairy Queen, where the food is walked out to cars, might actually come back. Our in house lawyers believe this might be an option that will work as long as the ownership release themselves from possible litigation through posted signage.

Originally submitted 2006-08-28