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.
IMAGE: Sean Higgins appeared in court for a Miranda hearing on Oct. 29, 2025, in connection with the crash that killed Johnny and Matthew Gaudreau. Higgins is accused of being intoxicated when he hit NHL star Johnny Gaudreau and his brother Matthew in Salem County in August 2024.
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. 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.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.
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