The horse racing jockey’s claims that he had a sleep disorder that caused him to fall asleep at the wheel did not earn him a reprieve from a drunk driving charge, reports The Guardian.

After listening to the defence mitigation, District Judge Bridget Knight said previous legal authorities had ruled sleep walking was not a defence for drink driving. She added: “The law is quite clear. You would be deemed to be driving in such circumstances even if affected by some sleep disorder.”

Judge Knight disqualified Queally for 22 months, fined him £1,350 and ordered he pay the prosecution costs of £3,500. Outside court Freeman said: “Because drink driving is a crime that doesn’t require any specific intent, he can’t argue this as a defence or a special reason. The law needs to be changed to reflect this unique set of circumstances.”