Ariz. Man Arrested for DUI Despite Blood Alcohol Test Showing .000

Claims of racism and lawsuit. Charges ultimately dropped.

SURPRISE, Ariz.—Jessie Thornton sleeps during the day and runs errands and works out during the night.

"My wife, she's an ER nurse and works three 12-hour shifts, so I adjusted my schedule to be like her schedule," said Thornton.

The 64-year-old retired firefighter moved to a retirement community in Surprise, Ariz., from Ohio.

Thornton says his late hours have put him in the police spotlight.

"I've been stopped 10 times in Surprise and given four tickets, it's amazing," said Thornton.

(Hat tip to Kevin Fleming)