OLDMANS TOWNSHIP, NJ – Defense attorneys for a New Jersey man charged with killing NHL star Johnny Gaudreau and his brother Matthew in a drunk driving crash argue their client was below the legal blood alcohol limit due to allegedly incorrect testing methods.
Sean Higgins appeared in South Jersey court Tuesday where his lawyers claimed blood test results showing a .087 blood alcohol level were based on plasma rather than whole blood analysis. The defense maintains the correct reading would be .075, below New Jersey’s .08 legal limit.
Higgins faces charges including aggravated manslaughter and reckless vehicular homicide in the August 29, 2024 deaths of Johnny Gaudreau, 31, and Matthew Gaudreau, 29, according to court documents reviewed by NBC Philadelphia.
Court documents allege the Gaudreau brothers were cycling northbound on County Route 551 when Higgins, also traveling north, entered the southbound lane to pass two vehicles ahead of him. An SUV had moved to the middle of the road to safely pass the cyclists when Higgins allegedly attempted to overtake the SUV and struck both brothers.
Body camera footage obtained by CBS News Philadelphia shows officers questioning Higgins at the crash scene about his alcohol consumption. When asked how many drinks he had consumed since noon, Higgins responded “like, five or six” and specified they were beers.
Officers conducted field sobriety tests at the scene, including having Higgins follow a pen with his eyes and take heel-to-toe steps. During a balance test requiring him to lift one leg and count from 1001, Higgins reached 1006 before pausing and saying “I’m sorry, I’m just freaked out. Like, what am I supposed to be doing again?”
He continued counting to 1009 before admitting the task was “getting hard,” according to the body camera footage.
Defense attorneys filed a motion to dismiss the case and demanded prosecutors present what they claim is the correct blood alcohol level. The lawyers also presented an undisclosed plea deal to the state.
Johnny Gaudreau, nicknamed “Johnny Hockey,” played 11 seasons in the National Hockey League as a seven-time NHL All-Star for the Columbus Blue Jackets and Calgary Flames. He represented Team USA in several international competitions. Matthew Gaudreau was also a hockey player.
The next court hearing is scheduled for April 14. Under New Jersey law, motorists can still face DUI charges below the .08 limit if authorities determine their driving ability was impaired, according to the Law Offices of Jonathan F. Marshall.
In most of western Europe the limit is 0.05.
Also, there is nothing magic about crossing the 0.08 limit, as though those at 0.0795 are sober and those at 0.0805 are drunk. The evidence remains that his reactions were slowed significantly by alcohol, and he was not in a condition to drive safely.