“I was eating a hash brown and he thought he saw a cellphone near my mouth,” Stiber told the newspaper in November.
Stiber represented himself in court and provided phone records showing he did not make any calls during that time period and had Bluetooth capabilities in his car, but he lost the case, the News reported. Stiber asked for a retrial, which was granted and took place in February.
During the retrial, Wong testified he "clearly" saw Stiber speaking into a black cellphone while driving that morning, The Hour reported in February.
Thygerson explained that Stiber's lip movement was "consistent with chewing" the hash brown he had ordered, the Post reported.
"He was pulled over for talking on his cellphone and given an infraction. I'm sure his claim is different," Lt. Jillian Cabana told the News in November.
The judge sided with Stiber’s claim.
"I just think this is a classic example of the truism that cops make mistakes. They're human beings like everyone else, and sometimes they get things wrong," Thygerson told the News.