VERO BEACH, Fla. (CBS Local) – A Florida man stopped by police says he wasn’t driving drunk, instead he was only drinking while stopped at traffic lights.

Earle Gustavas Stevens of Vero Beach was stopped on June 27 after a woman called 911, claiming Stevens hit her bumper several times in a McDonald’s drive-thru lane.

According to the Indian River County Sheriff’s Department, the 69-year-old Stevens smelled of alcohol, slurred his words, and had a bottle of Jim Beam in the passenger’s seat when he was stopped by officers.

“I asked him if he was drinking in the vehicle and he stated ‘no,'” the arresting officer’s police report read. “When I asked him where he was drinking he stated, ‘stop signs.’ He further explained that he was not drinking while the car was moving and only when he stopped for stop signs and traffic signals,” the officer wrote.

Stevens’ drinking-while-stopped strategy did not pay off as his blood-alcohol level was reportedly twice the legal limit. He was arrested and charged with drunk driving and driving without a license.

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