A judge will soon decide the fate of Marcello Fracassi who is accused of driving drunk and killing an Alliston road worker in a crash in June 2014.
Lawyers made their closing arguments to the judge on Friday.
The defence argued Fracassi should be found not criminally responsible because he suffers from a sleep disorder and was not driving drunk.
Geoff Gaston was line painting on Victoria Street when he struck and killed by Fracassi's pickup truck. The court heard Fracassi didn't stay at the scene.
Fracassi's lawyer also argued the area where Gaston was working wasn't safe.
"In the end it was unsafe," said lawyer James Flemming. "Speed is not a factor, and there should have been a spotter there."
During the trial Fracassi took the stand and testified he suffers from a sleep disorder called ‘parasomnia’ and doesn't remember parts of the night that include the fatal collision.
The crown argued against the defence's sleep driving claim and insisted Fracassi drove home drunk after a night out with friends in Toronto.
"He was drunk...and that's why he hit people and kept going," said crown attorney Mary Ann Alexander.
Justice Boswell is expected to deliver a verdict on November 1st.
