Driver: I wasn’t on my phone, I was eating a hash brown

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SAN FRANCISCO, CA – JANUARY 30: The McDonald’s logo is displayed on the packaging of a hash brown at a McDonald’s restaurant on January 30, 2018 in San Francisco, California. McDonald’s reported better-than-expected fourth quarter earnings with global same-store sales growing at the fastest pace in six years. Fourth quarter net income dropped 41 percent […]

A Connecticut man who says he was wrongly cited for distracted driving after police mistook a McDonald’s hash brown for a cellphone is continuing his legal fight.

The Hour reports that Westport police gave Jason Stiber a $300 distracted driving ticket in April. The Westport man challenged the charge and lost in court.

He was granted a retrial that’s scheduled to start Dec. 7.

Stiber says the officer thought a hash brown he was eating while driving was a cellphone. Stiber says phone records show he didn’t make any calls around the time he was pulled over, plus he has Bluetooth so has no reason to hold a phone while driving.

Lt. Jillian Cabana says the department stands by its story but couldn’t comment further due to pending litigation.

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