A Statesboro woman on Tuesday agreed to take a defensive driving course to clear her of a traffic charge that she was driving a car with her knees on Interstate 95 while eating an egg roll.

Ginger Ann Nevil, 42, of Statesboro, was stopped by Pooler police on Aug. 1, 2015, court records show.

She was charged with failure to exercise due care and was scheduled for a jury trial Tuesday before Chatham County State Court Judge Hermann Coolidge.

Chatham County Assistant District Attorney Anthony Burton said Nevil was driving her automobile using her knees while she held an egg roll in one hand and sauce in the other.

He said prosecutors offered her a plea agreement typically offered in similar cases with no previous traffic violations. That allowed her to complete a defensive driving course in return for dismissal of the charge.

The course had been offered to Nevil in the case three times earlier, he said.

Defense attorney Michael Schiavone said Nevil was driving with her daughter to the Tanger Outlet in a lawful manner when she was stopped.

He said the defensive driving course can be taken online.

Meanwhile, Schiavone on Monday filed a motion to strike the charge as being unconstitutional.

He contended Nevil was "being prosecuted for eating an egg roll while driving on I-95 within the city limits of Pooler" but with no other charges being brought.

He said the law involved excepts certain conduct while criminalizing others, such as eating an egg roll, leading to the prospect of "police will soon be setting up outside of drive thru lanes of various restaurants to stop anyone from eating or drinking what they just purchased."