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.
Information from: The Hour, http://www.thehour.com