Was it sleep driving or drunk driving? A justice in Canada will announce his verdict Nov 1, reports Toronto Sun.

There’s no question that Marcello Fracassi killed an Alliston town worker in June 2014 as his speeding truck emerged from the night and plowed through a work zone. What a judge must now decide is whether Fracassi was drunk at the wheel or asleep.

In closing arguments at Fracassi’s trial Friday, his lawyer said Fracassi would have to be a “disgusting human being” to hit and kill a man, then drive home and go to bed.