A man arrested after police mistook frosting from a Krispy Kreme doughnut, pictured coming off the baking line, for methamphetamine is suing the city and the maker of the drug test used to arrest him because he should not have spent 10 hours in jail for possession of donut glaze. Photo by Allen.G/Shutterstock.com

ORLANDO, Fla., Oct. 24 (UPI) -- A man who was pulled over for speeding last year and arrested when an officer mistook frosting from a donut for methamphetamine is now suing because he his mugshot is permanently on the internet for doing nothing wrong.

Daniel Rushing filed suit against the city of Orlando and against the maker of a roadside drug test kit, the false positive from which resulted in his arrest for possession of a drug he did not have.


Rushing was pulled over last December by Cpl. Shelby Riggs-Hopkins for speeding and did not stop when he was supposed to. During the stop, Riggs-Hopkins noticed a "rock-like" substance on the floor of the car and searched the vehicle.

Using a roadside drug kit, Riggs-Hopkins tested the substance, which came up positive for methamphetamine despite actually being the famously flaky glaze of a Krispy Kreme donut.

Rushing spent ten hours in jail before bonding out, and the state retested the flakes found in his car and cleared him of the possession charge.

In his suit, Rushing alleges he has been defamed by the hasty, improper arrest, that the officer does not know how to use the roadside drug kits and that they are known to be unreliable, as well.