Brynley Potter had just dropped off a customer at Queen Alexandra Hospital when he was stopped by police on his way back into the city.
He told officers that it had been foggy up on Portsdown Hill where the hospital is located. However, he left the fog behind as he came back down but forgot to turn the lights off.
Mr Potter, 50, was then stunned when the police handed him a £30 penalty ticket, saying it was an offence to drive with the fog lights on when it is clear.
'I'd made about £25 that night and when he gave me a £30 ticket it wound me up. I said "you're having a laugh",' said Mr Potter.
'I refused to pay it because I didn't think it was fair. Why didn't they just tell me to turn off the lights?'
However, Mr Potter, of Jervis Road, Stamshaw, found himself in court after refusing to pay up. On Tuesday he was sentenced to five days in prison for non-payment of a fine.
And he was stunned to learn that he was to be sent to the category B Winchester Prison, where he would join people serving life for murder.
hief Superintendent John Campbell,defended the officers' actions, saying Mr Potter had been warned before about driving with his fog lights on.
He said: 'Advice had not been followed and there was little alternative but to issue a fixed-penalty notice.
'Whether the gentleman wishes to pay is a matter for him. He must take responsibility for the consequences of that decision.'
victoria.taylor@thenews.co.uk