A Connecticut man is waiting for a judge’s decision on what could be the most expensive breakfast of his life.
Jason Stiber claims he was en route to work last April when he stopped at a McDonald’s location to purchase breakfast.
Moments later, Stiber says he was slapped with a distracted driving ticket costing almost $400, according to The Hour, when a Westport police officer mistook the hash brown he was eating for a cell phone.
WABC reports that Cpl. Shawn Wong Won told a courtroom that he observed Stiber’s mouth moving while holding a black, illuminated cell phone.
Stiber lost his first challenge of the ticket in court but was granted a retrial.
Stiber says phone records show he didn’t make any calls around the time he was pulled over. He also claims to have Bluetooth capability and, therefore, no reason to hold a phone while driving.
“I don’t blame the cop for misinterpreting what he thought he saw, but the fact of the matter is there was no cellphone use and we have cellphone records to establish that fact,” defense attorney John Thygerson told WABC.
Lt. Jillian Cabana previously told the Associated Press that the department stands by its story but couldn’t comment further due to litigation.
A verdict is expected on or before April 5.
— With files from The Associated Press