Driver claims he was wrongly ticketed when cop mistook McDonald's hash brown for phone

(Getty Images)

$300 for a McDonald’s hash brown?

One Connecticut man may have to pay that price. Not to the restaurant chain, but as a fine to the Westport police.

Jason Stiber was pulled over and ticketed for distracted driving last April for using a handheld phone behind the wheel, but he claimed it was a case of mistaken identity and that what he was actually holding was a hash brown.

Stiber fought the ticket and lost, but was back in court in Norwalk last week to appeal the ruling.

"The cop says he saw my client's lips moving — my client's lips were moving because he was chewing on his hash brown," Stiber's lawyer John Thygerson told NBC News. "He's fighting this because he didn't do anything wrong."

Thygerson submitted phone records that showed he wasn’t using the black device at the time of the alleged infraction and pointed out that Steiber’s car is equipped with a handsfree Bluetooth connection.