Gaudreau brothers crash case: Lawyers claim suspect wasn’t driving drunk

This story originally appeared on 6abc.

Defense attorneys for the man charged with killing the Gaudreau brothers say his blood-alcohol level was under the legal limit at the time of the crash.

In a new filing this week, lawyers for Sean Higgins indicated their intention to have the indictment tossed over evidence submitted to the grand jury.

Higgins is accused of being intoxicated when he hit NHL star Johnny Gaudreau and his brother Matthew in Salem County in August 2024.

Police say Higgins had a blood-alcohol level of 0.087, which is above the state’s 0.08 legal limit.

But during a hearing on Tuesday, lawyers said a defense expert’s report shows that only plasma was tested. The expert then tested Higgins’ whole blood and reportedly found his level was under the legal limit, with a reading of 0.075.

Superior Court Judge Michael Silvanio asked the prosecution to review the defense expert’s report for accuracy.

The defense suggested it hopes to dismiss the current case and present the entire case again to the grand jury.

Last year, the defense unsuccessfully tried to have other charges in the case dismissed.

Authorities allege Higgins was impaired after drinking beers the night he drove into the brothers’ bicycles, and that he has a history of road rage and aggressive driving.

A driver who was in front of Higgins told police he had been driving aggressively. When she and the vehicle ahead of her slowed down and moved left to go around the cyclists, Higgins sped up and veered right, striking the Gaudreaus, she said.

“I’ve been drinking beers,” Higgins told police before performing field sobriety tests. In the video, Higgins stated he had about “five or six” beers starting around noon on the day of the crash.

“I haven’t had one in like two hours,” he can be heard saying to troopers on the side of the road.

Higgins is charged with two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering and leaving the scene of a fatal accident. If convicted on all counts, he faces up to 70 years in prison.

During Tuesday’s hearing, lawyers also said they submitted details of a counterplea offer to the state, which was still being reviewed. Details of that proposal have not been made public.

Last January, Higgins rejected a deal that would have seen him spend 35 years in prison.

A pretrial hearing on the case is scheduled for April 14.