- Driver claimed the reason the van was serving was due to gale force winds that day
- 'I was eating but not a cheesecake, it was a little marshmallow which I took from the dashboard'
By Jill Reilly
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A man who was spotted swerving on a motorway as he tucked into a slice of cake while he was driving, has been fined.
John Barton, 54, was spotted on a police camera weaving from lane to lane on a link road between the M1 and M18 last September.
Police claimed he had both hands off the wheel and was steering with his elbows as he munched on a cheesecake.

Sugary snack: Police claimed he had both hands off the wheel and was steering with his elbows as he munched on a cheesecake
Barton, from Todwick, near Rotherham, pleaded not guilty at Rotherham Magistrastes' Court and said he was in full control and was only eating a small marshmallow.
He was found guilty of failing to have proper control of his vehicle and was fined £200 and ordered to pay £400 costs at Rotherham Magistrates Court.
After the case Barton still denied eating the cheesecake, but said he had a small marshmallow or teacake and he had not taken both hands off the wheel.
He claimed the reason the van was serving was due to gale force winds that day which had closed the Tinsley viaduct near Sheffield.
He said: 'I was weaving but not because of me having my hands off the steering wheel, I just wouldn't do that,
'The police officer who stopped me said he actually saw me eating, but he didn't. He also said I sniggered. I didn't, it was the guy sat next to me.

On trial: John Barton, from Todwick, near Rotherham, pleaded not guilty at Rotherham Magistrastes Court and said he was in full control and was only eating a small marshmallow
'I feel it was all an injustice. I was eating but not a cheesecake, it was a little marshmallow which I took from the dashboard in just a few seconds.
'My argument is that people with cigarettes hold them with one hand on the steering wheel and all I did was take a chocolate teacake or whatever off the dashboard. It seems to me you just can't fight the law.'
Police and road safety campaigners are warning motorists of the d angers of eating while driving.
Martin Howard, spokesman at the road safety campaign group Brake said :
'We are deeply concerned about the actions of this driver, who has placed his own life at risk. along with t he lives of other road users.
'Being distracted at the wheel is extremely dangerous and one of the major causes of crashes taking place in the UK every day.'
Ch Insp Stuart Walne of South Yorkshire Police said : 'This is the same sort of case as a mobile phone. When you're behind the wheel it's potentially a lethal weapon.
'You have to be in proper control or you risk injuries to others and yourself. When things go wrong they get very serious, especially on a motorway or busy road.
'It's one thing eating a biscuit or sandwich which I'm not saying is right, but you can still change gear and hold the wheel. To eat a cheesecake is just ludicrous.'
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I don't like eating while driving anyway. I'd much rather relax somewhere and enjoy my food....without risking lives.
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He shouldn't have been steering with his elbows. You've much more control with your knees.
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Stupid police. Common sense does not rule!
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I sat next to a copper driving a car recently and he answered a radio call with a hand off the wheel holding onto the radio on his coat.. That must be ok I guess
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They'll be banning having any passengers next in case they are a distraction.
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The driver was right, it IS possible to drive safely when eating at the wheel. But you have to inspire confidence in others by not weaving all over the road, gale or no gale.
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'I was eating but not a cheesecake, it was a little marshmallow which I took from the dashboard' - edible dashboards, who was the van made by - Mr Kipling?
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Just for the record police once said to me under interview for family matters that they were treating a comment by me as a threat... the comment was "The truth will come out someday." - strange what makes for threats and weapons in the minds of our wonderful police...
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So one is not distracted when fumbling for a cigarette from a pack sticking it in the mouth then either using matches / lighter / or the 12 volt lighter and then drive one handed while you smoke it and hope no hot ash falls in your lap. The people that make these rules that it is OK to do this but not this ned a brain transplant
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Sounds like a storm in a teacake or was it a porkie pie?
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