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A driver in Connecticut was not “lovin’ it” when he was pulled over and ticketed by police for distracted driving. And he’s going to court to prove he wasn’t using his cell phone behind the wheel, but was in fact eating a McDonald’s breakfast hash brown.

The Hour reported Tuesday that Jason Stiber of Westport, Conn., is “going to trial for justice” after being issued a $300 ticket back in April.

“I was eating a hash brown and he thought he saw a cellphone near my mouth,” Stiber said of the officer who pulled him over.

For those who may not be familiar with the fast food breakfast staple, McDonald’s pressed potato patties, while brown in color, do indeed share similar dimensions to most modern smartphones.

Stiber said he had no reason to have his phone near his mouth, because he uses a bluetooth. Phone records also indicate Stiber made no calls in the hour he received the ticket.

He first fought the ticket before a magistrate judge in August and lost, The Hour reported. He asked for a retrial and will appear in state Superior Court in Norwalk. Conn., on Dec. 7.

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