In Arizona, you don’t have to actually be intoxicated while driving to get a ticket, you just need to look it (read: be black).

After leaving the gym for a late-night work out, 64 year-old Jessie Thornton was pulled over by Surprise, Arizona police for allegedly crossing the white line in his driving lane. When cops approached him they immediately accused him of being under the influence. ”He (the officer) walked up and he said ‘I can tell you’re driving DUI by looking in your eyes,” said Thornton.

Thornton explained to the cop that he just finished swimming and that was probably the cause for his red eyes. The cop, however, wasn’t convinced and demanded Thornton take a sobriety test. Thornton was eventually dragged to the police station for a breathalyzer test. The result, a 0.00 blood alcohol content (BAC) reading. Thornton is now suing for $500,000 in damages.

Surprisingly (pun intended) this isn’t Thornton’s first time being pulled over in Surprise county. And we’re sure it won’t be his last. Check out the video below for the entire story.

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