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Forget Twinkies - Enter the 'Hash Brown Defense'

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By George Khoury, Esq. on February 28, 2019 3:05 PM

One Connecticut attorney just argued the case of a lifetime before the state's appellate court. And unlike other gimmicky defenses like affluenza, or the Twinkie defense, his "hash brown defense" sounds like an actual winner.

It involved a cell phone ticket that, as you may have guessed based on the title, was actually a hash brown from McDonald's. You know, those delightful phone shaped, fried potato patties. In short, a guy got pulled over and issued a distracted driving ticket because the officer believed the man was talking on his cell phone. This case is being appealed and reported on extensively because it's pretty darn funny, and it seems that the hash brown defense might, or at least should, actually work!

Bluetooth and a Receipt

While the officer testified that he clearly saw an illuminated object that the driver held up to his face while moving his lips consistent with talking, it was argued that the officer wasn't seeing things clearly. One troubling fact for the cop is that he was on hour 15 of a 16-hour shift.

For the hungry driver though, in addition to having a fresh receipt from McDonalds showing he had just purchased a McDonald's hash brown, his vehicle was also equipped with Bluetooth which was actively paired with his phone at the time (which would obviate his need to hold the phone to talk). Furthermore, his call log shows that he was not on the phone at the time he was pulled over.

Despite having presented all this to trial court judge, the ticket was upheld, which is why the driver decided to retain an attorney and appeal. Hopefully, we should have an answer next month on whether or not the appellate court is lovin' it.

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