ATLANTA — If you’re behind the wheel, should you also be behind a cheeseburger?

An Alabama man is due in Cobb County State Court Feb. 3 to answer to the offense of failing to “exercise due care” on the road. The report adds, in the remarks section: “Eating while driving.” But it provides no other details of the alleged offense.

Harris Madison Turner, who lives in Spanish Fort, Ala., was cited at 3:41 p.m. on Jan. 10 for eating a cheeseburger while driving his 2009 BMW i351 on Canton Road. The incident report says traffic was heavy but skies were clear and roads were dry.

“The officer explained to me that he observed me eating a burger for two miles,” Turner told Atlanta’s WSB-TV. “He said specifically three times, ‘You can’t just go down the road eating a hamburger.’”