One woman's case of being pulled over while eating an egg roll is headed to a jury trial in Chatham County.
The woman received the ticket back in August 2015 in Pooler, but she and her attorney are fighting it.
Ginger Nevil, of Statesboro, was ticketed while driving to Tanger Outlets in Pooler. She says she had one hand on the steering wheel and in the other hand there was an egg roll. Nevil says she went to put it in her mouth, turned to look and then saw the officer. The ticket she was issued says "egg roll and dip" in the remarks section on the ticket. The Savannah Morning News reports she was driving with her knees!
The charge Nevil faces is a misdemeanor charge of driver failing to use due care. Her attorney, Michael Schiavone, has said in the past that he thinks the statute may be unconstitutional and that it may be too broad and too vague. He did file a motion for a constitutional challenge.
The traffic law code in question is 40-6-241, and it states a driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.
In court Tuesday morning, Judge Coolidge decided to reschedule Nevil's jury trial.
Right now, the case is still pending. Nevil says she is planning to take a defensive driving class this week. If she complies, the state could dismiss the charge before the case reaches a jury trial, which has been rescheduled for June 13.
UPDATE: A motion for a constitutional challenge was entered by Nevil's Attorney against OCGA 40-6-241. Egg roll ticket case is still pending pic.twitter.com/fmmaAcnUf0— WTOC Marla Rooker (@WTOCMarlaRooker) February 14, 2017
UPDATE: Chatham Co. Judge Coolidge says Nevil's case will go to a jury trial. Involves traffic ticket for woman eating egg roll at wheel. pic.twitter.com/XUxvcxHKDv— WTOC Marla Rooker (@WTOCMarlaRooker) February 14, 2017
UPDATE: Jury trial for Nevil's egg roll ticket case rescheduled for June 13th. If she takes defensive driving class it will be dismissed.— WTOC Marla Rooker (@WTOCMarlaRooker) February 14, 2017