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A Connecticut man claims to have been fined $ 300 for distracted behavior because the police thought he was waving a cell phone while he was actually eating a brown hash from McDonald's.
Jason Stiber takes the case back to court after losing his original lawsuit.
Despite telephone records showing that he had not telephoned during the hour surrounding the shutdown in April, the court ruled against him.
Now, according to Times Union, Stiber says, "I will stand trial for justice."
He also insists that he has Bluetooth technology and that there would be no reason to keep his phone at the height of his ear.
His new trial is scheduled for December 7, according to the Associated Press.
The Times Union also reported that the cost of $ 1,000 to hire a lawyer corresponds to the increase in insurance at Stiber because of the plane ticket.
Lieutenant Jillian Cabana of Westport said at the exit: "He was arrested for talking on his mobile phone and committing an offense. I am sure his request is different. "
31 PICTURES
McDonald's through the years
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The McDonald's Museum is a replica of McDonald's first corporate restaurant, opened here on April 15, 1955, after the acquisition of the franchise of founders Maurice and Richard McDonald.
Circa 1955: Exterior view of McDonald's first fast food restaurant with its neon arches illuminated at night in Des Plaines, Illinois. (Photo by Hulton Archive / Getty Images)
The photo of August 1970 shows the exterior of a McDonald's fast food restaurant. The "Speedee" McDonald's of Downey, Calif., Named for the chef's original logo, the third restaurant built by the McDonald and Maurice brothers was designated a landmark and celebrated its 50th anniversary on August 18, 2003 in Downey , in California. . (Photo by Hulton Archive / Getty Images)
McDonald's restaurants. March 23, 1974. (Photo by Arty Pomerantz / New York Post Archives / (c) NYP Holdings, Inc. via Getty Images)
An employee takes notes at the McDonald's counter, Southfield, Michigan, United States, July 1978. (Photo by Barbara Alper / Getty Images)
A McDonald's restaurant in Vienna, Austria, July 1980. (Photo by Barbara Alper / Getty Images)
Fast food, also known as the junk food phenomenon, arrived in France, a country of gastronomy in the late 70s and early 80s. Hamburgers, cheeseburgers, fries, Coca Cola or Pepsi and milk -shakes with interior design and design places in the same atmosphere as in the United States. The beginning of fast food in France began with companies such as Whataburger, Love Burger, Burger Manhattan, Big Boy, Popeye Burger, Freetime, Burger King and Mcdonald's. Employees at Burger King. (Photo of John van Hasselt / Corbis via Getty Images)
Fast food, also known as the junk food phenomenon, arrived in France, a country of gastronomy in the late 70s and early 80s. Hamburgers, cheeseburgers, fries, Coca Cola or Pepsi and milk -shakes with interior design and design places in the same atmosphere as in the United States. The beginning of fast food in France began with companies such as Whataburger, Love Burger, Burger Manhattan, Big Boy, Popeye Burger, Freetime, Burger King and Mcdonald's. Employees at Whataburger. (Photo of John van Hasselt / Corbis via Getty Images)
Inside view of a McDonald's restaurant, showing an employee sweeping the floor and a group of customers eating, Chicago, Illinois, circa 1987. (Photo by Antonio Perez / Museum of Chicago History / Getty Images)
123241 05: A worker takes an order from a customer at the first Chinese restaurant Mcdonald & # 39; s, April 23, 1992 in Beijing, China. Mcdonald's opened the world's largest restaurant in the busiest shopping district of the capital. (Photo of Forrest Anderson / Getty Images)
(AUSTRALIA AND NEW ZEALAND OUT) A casual employee in a McDonald's restaurant, May 21, 1996. AFR Photo by LOUISE KENNERLEY (Photo of Fairfax Media via Getty Images)
388587 04: Workers are trying to organize a counter in a new McDonald's cafe's McCafe on May 1, 2001 in Chicago, the first McCafe located in the United States. McCafe was introduced for the first time in Australia in 1993 and there are currently about 300 cafés in 17 countries. (Photo by Tim Boyle / Newsmakers)
NEW YORK – SEPTEMBER 3: A man comes out of a McDonald's restaurant on First Avenue on September 3, 2002 in New York. McDonald's has announced its intention to use a new cooking oil for its fries that would halve trans fat levels while increasing the amount of polyunsaturated fats more beneficial. (Photo by Mario Tama / Gettty Images)
Capital of a McDonald's restaurant & # 39; s in Times Square. (Photo of James Leynse / Corbis via Getty Images)
DOWNEY, CALIFORNIA – AUGUST 18: An employee serves the fries in McDonald's oldest fast food restaurant in the world, on the occasion of his 50th birthday, August 18, 2003 in Downey, California. This McDonald's "Speedee", so named for the chef's original logo, was the third restaurant built by the McDonald and Maurice brothers, and constitutes a national monument. (Photo by David McNew / Getty Images)
DALLAS, TX – MAY 6: The new happy meal for adults is seen at a McDonald's restaurant on May 6, 2004 in Dallas, Texas. The meal, which includes a salad, bottled water, a stopwatch and a booklet containing tips for exercise, will be available nationwide this Tuesday. (Photo by Mike Fuentes / Getty Images)
UNITED STATES – APRIL 15: A line of customers stretches around the grand reopening and celebrations of the 50th anniversary of the opening of the first McDonald's at the McDonald's restaurant in the downtown area. Chicago, Illinois, on Friday, April 15, 2005. The first McDonald's opened at Des Plaines in Illinois on April 15, 1955. (Photo by Tannen Maury / Bloomberg via Getty Images)
Tokyo, JAPAN: Noriko Daigo (C), a McDonald's employee in Japan, presents the company's new mac salad menu, "Tomato Grill Chicken Sand", "Berry Mix Yogurt" and " Chicken Dish Grill Salad "in his restaurant in Tokyo on April 19, 2006. McDonald's will serve the menu from May 13th. AFP PHOTO / TOSHIFUMI KITA (The photo credit should match TOSHIFUMI KITAMURA / AFP / Getty Images)
MELBOURNE, AUSTRALIA – AUGUST 29: A sign for the new Happy Meal is posted at McDonald's Restaurant in Collingwood on August 29, 2006 in Melbourne, Australia. The new Happy Meal is a low-fat alternative to the traditional Happy Meal of the fast food chain. Childhood obesity is a major health problem in Australia and has tripled in the last 20 years with one in six Australian children classified as obese. (Photo by Kristian Dowling / Getty Images)
AUSTRALIA – OCTOBER 18: A McDonald's restaurant sign is lit at sunset on a road between Canberra and Sydney, Australia on Wednesday, October 18, 2006. (Photo by Jack Atley / Bloomberg via Getty Images)
Munich, GERMANY: A Big Mac and McDonald's fries are photographed in a McDonald's restaurant next to their headquarters in Munich, in southern Germany, on February 27, 2007. Bane Knezevic (not pictured), President of the Western Division of McDonald's Europe and President At the press conference of McDonald's Germany, Mr. Mcdonald's business turnover grew by 6.2% in 2006. Photo AFP DDP / JOERG KOCH GERMANY (The photo credit should match JOERG KOCH / AFP / Getty Images)
United States – April 22: People enter a McDonald's restaurant in Brooklyn, New York, United States on Tuesday, April 22, 2008. McDonald's Corp., the largest catering company in the world, said that First Quarter Earnings Rising Faster than Analysts Expected Record revenue in Europe offset the first decline in same-store sales in the United States in five years. (Photo by Tom Starkweather / Bloomberg via Getty Images)
NEW YORK – JULY 18: A McDonald's restaurant says the number of calories counted on July 18, 2008 in New York. New York is now the first city in the country to pass a law requiring restaurant chains to display the number of calories of each food next to the food on their menus. (Photo by Chris Hondros / Getty Images)
A McDonald's employee serves a burger and a carton of french fries in one of the company's restaurants in London, UK on Monday, February 1, 2010. McDonald's Corp., the The largest catering company in the world, plans to increase its number of outlets in Russia by 20% this year to capitalize on its fastest growing market in Europe. Photographer: Jason Alden / Bloomberg via Getty Images
The largest McDonald's in the world in the Olympic Park during the 2012 London Olympics. or the last 40 years, McDonalds has been the official restaurant of the Olympics. All official sponsors paid the IOC $ 957 million for the 19-day competition. Hundreds of food outlets on Olympic venues have been forced to remove from the French fries menu, at the request of sponsor McDonald's. Olympic leaders have banned 800 food retailers from 40 Games sites across Britain from handing out chips because (Photo by In Pictures Ltd./Corbis via Getty Images)
SAN RAFAEL, CA – MARCH 12: Customers order food at a McDonald's restaurant on March 12, 2013 in San Rafael, California. McDonald's has kept its number one ranking in global and national sales and remains the largest restaurant brand in the world with sales of $ 4.53 billion in corporate stores and franchise store sales $ 31.063 billion for a national total of $ 35.59 billion. . (Photo by Justin Sullivan / Getty Images)
A customer enters a McDonald's restaurant Corp. in Hong Kong, China on Tuesday, July 16, 2013. It is expected that McDonald's Corp. publishes its revenue data on July 22. Photographer: David Paul Morris / Bloomberg via Getty Images
PLAINS, IL – OCTOBER 24: In this illustration, items from a McDonald's restaurant are presented on October 24, 2013 in Des Plaines, IL. McDonald's has announced that it would make changes to its low-priced Dollar menu, which includes coffee, chips, hamburgers and apple pies. The new menu, called Dollar Menu and More, will feature more expensive options such as the grilled onion cheddar burger and a McChicken sandwich. (Illustration of the photo by Scott Olson / Getty Images)
This photo taken on April 8, 2014 at the Naval Base and Guantanamo Bay Joint Detention Center shows the chain of McDonald's fast food restaurants outside their first and only restaurant on Cuban soil. The restaurant was opened in 1986 to support the morale, well-being and leisure activities of service personnel and their families. AFP PHOTO / MLADEN ANTONOV (The photo credit should correspond to MLADEN ANTONOV / AFP / Getty Images)
LONDON, ENGLAND – SEPTEMBER 9: Inside a McDonald's fast food restaurant, located near the Westminster Bridge under the London Eye, is viewed on September 9, 2016 in London, England. The collapse of Britain seems to have been greatly exaggerated because of the late summer crowd to visit the city's museums, hotels and other important tourist attractions. (Photo by George Rose / Getty Images)
McDonald's Chicken Nuggets Corp. are scheduled for a photograph in Tiskilwa, Illinois, United States on Friday, April 15, 2016. McDonald's Corp. should release its quarterly results on April 22. Photographer: Daniel Acker / Bloomberg via Getty Images
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