Marcello Fracassi’s defence team is arguing he was suffering from a sleep disorder at the time of a crash that claimed the life of a road worker in 2014.
A court heard on Monday that Fracassi admitted to police that he drove his truck home after a night out drinking with friends in June 2014, but that he later changed his story when he learned of the accident.
Two New Tecumseth road workers were line-painting on Victoria Street in downtown Alliston when they were hit by a vehicle. One of those workers died.
Fracassi was arrested a short time later at his home. Police say he was impaired and that his blood alcohol level registered well over the legal limit at 175 milligrams.
The Alliston man is charged with seven offenses, including impaired driving, failing to remain at the scene of an accident and dangerous driving causing death.
However, the defence says Fracassi is not guilty of any of the charges, claiming he has a documented history of sleep disorders.
The defence lawyer says on the night of the accident Fracassi was "sleep driving." His defence team is arguing that there are documented legal cases of so-called "automatism." It’s when someone is in an altered state, but appears to be functioning.
They also argue that he has sought treatment for his sleeping disorder.
The Crown, Fracassi's lawyer and family all declined to comment on proceedings.
The trial continues in a Barrie courtroom on Tuesday morning.
