A Barrie judge has found Marcello Fracassi guilty of impairing driving causing the death of an Alliston road worker in a 2014 crash.
Justice Cary Boswell dismissed Fracassi's claim that he was in the throes of a "sleep driving" episode when he hit Geoff Gaston, a married father of two.
During the trial, Fracassi testified that he suffers from a sleep disorder called "parasomnia" and doesn't remember parts of that night including the deadly crash.
The Crown had argued that Fracassi drove home drunk after a night out with friends at a concert in Toronto and then a strip club in Vaughan.
Court heard Fracassi's blood alcohol level was more than double the legal limit two hours after Gaston was struck.
Fracassi claimed he consumed alcohol after arriving home.
The judge ruled that an intoxicated Fracassi fell asleep behind the wheel and was unaware that he struck Gaston but was "jolted awake" by the collision.
The judge acquitted Fracassi on two counts of dangerous driving causing bodily harm and dangerous driving causing death.
Fracassi was also acquitted of fleeing the accident scene because the judge ruled he was unaware of the crash.
Fracassi's trial was judge alone.
