Driver charged in Gaudreau deaths says brothers were more impaired than him

globalnews.ca:

Sean M. Higgins, the driver charged with killing NHL hockey player Johnny Gaudreau and his brother Matthew while they biked on a rural road in New Jersey last year, is asking a judge to dismiss his indictment in new court documents that say the brothers were drinking prior to the collision.Higgins was charged with two counts of death by auto, along with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.

In September 2024, it was reported that he had a blood-alcohol level of .087, above the .08 legal limit in New Jersey.Higgins struck the brothers from behind as they were riding their bikes in Carney’s Point, N.J., on Aug. 29, killing them both in the deadly hit and run.

But now Higgins’ lawyers are claiming that the Gaudreaus’ blood alcohol was higher than his in an attempt to get his charges dropped.According to the new court filing, Higgins’ lawyers say testing done as part of the investigation after the fatal crash showed that Johnny had a blood-alcohol level of 0.129 when he was killed, while his brother Matthew’s reading was 0.134.According to New Jersey lawyer Rachel Kugel, who spoke during the hearing on Tuesday, there is no legal limit for alcohol consumption for cyclists in the state. They are exempt from the law that governs driving while intoxicated.“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.”It’s a development hard to hear for members of Calgary’s sports community, who watched Johnny flourish into an NHL star from 2014 to 2022.“He was at his sisters wedding. Am I surprised he was out having a few drinks with his brother? No,” says Jock Wilson –