Sean Higgins, the man accused of driving under the influence and fatally striking hockey player Johnny Gaudreau and his younger brother, is seeking to have the case against him dismissed. He claims he wasn’t intoxicated at the time of the crash.
During a court appearance on Tuesday, Higgins’ attorneys argued that experts have determined his blood alcohol concentration (BAC) was 0.075, which is below the legal threshold of 0.08. This incident occurred in New Jersey in 2024, leading to the deaths of Gaudreau, 31, and his brother Matthew, 29.
The 45-year-old Higgins, from Pyles Grove, New Jersey, admitted to having consumed alcohol that day and is hopeful that all charges against him will be dropped, prompting a possible new indictment by a grand jury.
His legal motions come just days after the conclusion of the 2026 Winter Olympics, where Gaudreau was expected to compete as a member of the U.S. men’s hockey team, which recently clinched a gold medal against Canada.
Gaudreau had a remarkable career, spending 11 seasons in the NHL and was honored during the team’s post-victory celebration of the Olympics. His family received an invitation to the semifinal match involving the United States and Slovakia in Milan.
In the video hearing, defense attorney Richard Kleinberger informed the judge about new developments related to the expert’s findings.
“It seems that the sample tested was plasma, not whole blood,” Kleinberger stated, arguing that this impacts the accuracy of the BAC reading. Still, prosecutors contend that Higgins’ BAC was actually 0.087.
There are questions regarding whether the conflicting test results may have swayed the grand jury’s decision to charge Higgins with several serious offenses, including first-degree aggravated manslaughter and reckless vehicular homicide. If convicted, he could face a sentence nearing 70 years.
Kleinberger expressed concern that the indictment could be compromised by the discrepancies in evidence.
The prosecutor, Michael Mestern, remarked that he needs time to review the new findings and their implications.
The judge indicated that new charges could be considered if the prosecution accepts Higgins’ new claims. Kleinberger also revealed he had rejected a plea deal previously offered by prosecutors, which would have involved a 35-year prison sentence. The judge encouraged both sides to continue communication and offered to assist in their discussions.
Higgins is set to return to court on April 14, where it’s expected that the prosecutor will clarify his office’s stance on the BAC results and the plea negotiations.
Previously, Higgins had attempted to argue for reduced charges by claiming the Gaudreau brothers were more impaired than he was at the time of the incident. The brothers, both married fathers, were biking in single file on the shoulder of the road when Higgins struck them on August 29, 2024.
As Higgins attempted to pass another vehicle that had slowed for the cyclists, he collided with the brothers. He continued driving for over 400 meters before stopping, where police eventually found him. Reports indicated that he confessed to consuming five or six drinks that day.
The Gaudreau brothers were visiting for their sister’s wedding scheduled for the next day.
