Man says hash brown to blame for $300 distracted driving ticket, not phone

A Connecticut man claims he was falsely fined $300 for distracted driving because police thought he was holding up a cell phone — when, in actuality, he was just eating a McDonald’s hash brown.

Jason Stiber is taking the matter back to court after losing his initial trial.

Despite phone records showing he hadn’t made a call in the hour surrounding the traffic stop in April, the court ruled against him.

Now, according to Times Union, Stiber says, “I’m going to trial for justice.”

He also insists he has Bluetooth and would have no reason to hold his phone up to his ear.

His retrial is set for December 7th, according to the Associated Press.

The Times Union also reported that the $1,000 cost to hire a lawyer matches the hike in Stiber's insurance because of the ticket.

Westport Lt. Jillian Cabana told the outlet, “He was pulled over for talking on his cellphone and given an infraction. I’m sure his claim is different.”