A Waukesha man who told a deputy his vehicle was swerving while driving through Sussex because he was “having sex” with his passenger, according to a criminal complaint.

Paul R. Nemeth, 24, was charged in Waukesha County Circuit Court on Monday with attempted possession of marijuana, possession of drug paraphernalia and operating a motor vehicle while revoked. If convicted, he faces more than 3-1/2 years in prison because of a past felony offense.

According to the complaint:

Nemeth was pulled over on Clover Drive in Sussex at 2:13 a.m. Saturday. When the Waukesha County deputy ran his registration, the plates were suspended and did not match the vehicle Nemeth was driving.

Nemeth told the deputy he did not own the vehicle, adding the reason he was swerving while driving was because he was “having sex” with the woman in his car.

At 12:49 a.m. Sunday, Nemeth was a passenger in a vehicle that was pulled over on Clover Drive. As deputies were investigating, the noticed the smell of marijuana coming from the vehicle. They located a marijuana grinder and marijuana leaves inside the grinder. The deputies continued searching the vehicle and found marijuana in a cigarette box.

Nemeth told a deputy the last time he smoked marijuana was “a couple days ago.” The marijuana in the car was “bought by us all” and was for “communal use,” he said.