A three-judge Appeals Court panel in Virginia upheld the conviction of a Loudoun County man who argued that he was “sleep-driving” when he got into a car accident after taking prescription medication.

Joshua Kenneth Shortt was involved in a car accident on Oct. 7, 2008, according to court documents. He hit another car while driving on a highway in Loudoun County. When the other driver pulled over, Shortt hit the car again, according to the documents.