WESTPORT, Conn. (AP) — 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.

Join our Newsletter for the latest news right to your inbox