Jason Stiber of Westport had just bought a hash brown at the McDonald's on the Norwalk border April 11, just before being pulled over by Westport Police Cpl. Wong Won near Whole Foods around 6 a.m., the Times Union reports.
Stiber was issued a $300 ticket -- but insists it was his breakfast Won saw in his mouth, and not a cell phone.
Phone records show that Stiber did not make any calls in the hour he received the ticket, and had no reason to put his phone up to his ear anyway because he has a bluetooth, the article says.
Stiber -- who has lived in Westport since 2007 -- was found guilty before a magistrate judge back in August, when he first fought the ticket. He requested a retrial now scheduled for Dec. 7 at state Superior Court in Norwalk.
Click here to read the Times Union report.
Click here to follow Daily Voice Stony Point and receive free news updates.