A state trooper who stopped the 1993 BMW last fall says its driver, 28-year-old Justin Vonkummer of Millerton, N.Y., blamed his driving problems on an errant Oreo.
Vonkummer told the trooper that an Oreo had just slipped from his fingers as he dunked it in a cup of milk, and that he was trying to fish it out when he lost control of his car.
Prosecutors learned in court this week that Vonkummer had been charged with speeding and driving under a suspended license - not driving under the influence, as a clerk had mistakenly noted in the court records.
Vonkummer's attorney declined to comment. The case is pending.
