A man who says he got a traffic ticket for eating a cheeseburger while driving in metro Atlanta won't be prosecuted after all.

Cobb County Solicitor General Barry Morgan said in a written statement Friday that his office submitted a dismissal of the case against Madison Turner, and a judge signed it.

Morgan said the state didn't believe it had the evidence to prove the case beyond a reasonable doubt, given the facts and circumstances his office investigated.

Turner, who lives in Alabama, said he was enjoying a double quarter-pounder with cheese as he drove down a highway outside Atlanta when he was ticketed for violating Georgia's distracted driving law.

He said the officer told him, "You can't just go down the road eating a hamburger."