Photo courtesy KNXV

From WPTV

SURPRISE, AZ – 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,” Thornton told our Phoenix sister station  KNXV.

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

Jessie 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.

His latest incident with Surprise police officers prompted Thornton to hire a  lawyer with plans to sue the department.

Around 11 p.m. Thornton, according to Surprise Police Department paperwork,  was pulled over for crossing the white line in his lane.

“He (the officer) walked up and he said ‘I can tell you’re driving DUI by  looking in your eyes,'” said Thornton.

The 64-year-old says his eyes could have been red because he had just left LA  Fitness where he was in the pool swimming.

“I take my glasses off and he says, ‘You’ve got bloodshot eyes.’ I said,  ‘I’ve been swimming at LA Fitness,’ and he says, ‘I think you’re DUI,'” said ….MORE