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NORWALK, Connecticut – A Connecticut man is fighting a ticket for distracted driving after he says the police officer confused his hash brown patty for a cellphone.

Jason Stiber was cited last April, according to ABC New York. He stopped at McDonald’s on his way to work, and says he was eating a hash brown when an officer stopped him, confusing it for a cell phone.

In court on Friday, Cpl. Shawn Wong Won testified he saw Stiber holding a black cellphone with the screen illuminated and his mouth was moving.

But Stiber said he was eating and holding the hash brown by its white wrapping.

The defense attorney says cell phone records also prove Stiber wasn’t on the phone.

So far, Stiber has spent around $1,000 in legal fees fighting a ticket that carries a $300 fine.

The judge is expected to make a decision by April.