Sean Higgins and the Gaudreau brothers Source: Salem County Correctional Facility / Instagram
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Drunk driver claims Gaudreau brothers had higher blood alcohol levels than him in fatal crash

Christopher Oldcorn

A New Jersey driver charged in the hit-and-run deaths of NHL player Johnny Gaudreau and his brother Matthew claims the brothers had higher blood alcohol levels than him at the time of the crash.  

Sean Higgins, 44, is fighting to dismiss his indictment in the August 2024 collision that killed the Gaudreau brothers as they bicycled in Oldmans Township, N.J. 

Higgins legal team pointed to blood alcohol tests in filings on Tuesday, though they do not claim the brothers intoxication caused the crash, reported by NJ.com.

Higgins blood alcohol concentration (BAC) was 0.087%, slightly above the legal limit of 0.08%, when he struck the brothers after reportedly drinking six beers, court papers state. 

Tests showed Johnny Gaudreau, a Columbus Blue Jackets forward, had a BAC of 0.129%, while Matthew’s was 0.134%.

The defence is seeking details on how the brothers’ BACs were tested, arguing the evidence process should be reviewed. 

“We believe these filings are essential to ensuring that our client’s Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,” attorneys Richard Klineburger III and Matthew Portella said in a statement. 

They did not allege the brothers broke any laws.

The crash drew national attention as the brothers died the night before their sister’s wedding. 

Matthew’s widow Madeline was pregnant with their first child at the time, and their son was born several months later.  

Higgins rejected a plea deal last month and pleaded not guilty to charges including manslaughter and vehicular homicide. 

He faces over 60 years in prison if convicted.  

A lawyer for the Gaudreau family declined to comment on the filings.