Attorneys for the man charged with killing hockey star Johnny Gaudreau and his brother Matthew in a crash last year plan to ask a judge to dismiss his indictment. The motion, which also says the brothers were drinking before the accident, is seeking more information about how blood alcohol levels were collected. The defense argues that the brothers' blood alcohol levels, which were higher than the driver's, are relevant to the case and that their client is not being treated fairly given the publicity surrounding the case.
Attorneys for the man charged with killing hockey star Johnny Gaudreau and his brother in a crash last year plan to ask a judge to dismiss his indictment in court papers that also say the hockey star brothers were drinking before the accident.when he struck and killed Johnny Gaudreau, 31, and Matthew R. Gaudreau, 29, as they rode bikes along a rural roadway in Salem County on the evening of Aug. 29. Both brothers were pronounced dead at the scene.
Gaudreau family members who were in court for a hearing in the case Tuesday did not comment when asked about the brothers’ blood alcohol levels. A family attorney also did not immediately respond to a request to comment. In the court filings noting the Gaudreau brothers were allegedly drinking before they were struck, the defense attorneys are asking for more information about the testing protocols used and any other records related to testing conducted on the samples.
The defense has also signaled that it wants to file motions to exclude several pieces of evidence from trial. “There is no legal limit for alcohol on a bike,” she said. “It’s a non-motorized vehicle operated by human muscular power, and, therefore, not covered under the DWI laws.” He tried to illegally pass an SUV on the right side and struck the Gaudreaus as they rode their bikes on the shoulder of the roadway, investigators allege.
ACCIDENT BLOOD ALCOHOL DEFENSEMOTION VEHICULARHOMICIDE LEGALLIMIT
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