The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey last year is fighting to have his indictment tossed — while alleging that the bicycling brothers were both drunker than him at the time of the deadly hit-and-run, according to a report.
Sean Higgins, 44, detailed the Gaudreau brothers’ blood alcohol levels in new court documents filed Tuesday seeking to have his charges dropped, NJ.com reported.
Higgins, 44, had allegedly chugged half a dozen beers before he fatally slammed into the Columbus Blue Jackets hockey star and his brother while they were riding bicycles in Oldmans Township, NJ, last August.

The driver’s blood alcohol concentration was listed as being 0.087% — just over the legal limit, court papers state.
Tests also showed Johnny’s blood alcohol concentration level was 0.129% when he was killed, while his brother had a reading of 0.134%, according to the filing cited by the outlet.
Higgins’ attorney did not argue in the new filing that the Gaudreau brothers’ blood alcohol levels played any role in the crash, according to NJ.com.
The court papers also don’t allege the brothers were breaking the law at the time.
Riding a bicycle while intoxicated in the Garden State will not result in a DWI — or Driving While Intoxicated — charge because a bicycle is not considered a motor vehicle under state law. However, riding a bike while drunk could result in a charge of disorderly conduct, according to the Kugel Law Firm, which specializes in DWI cases in New Jersey and New York.
Instead, the filing asks for additional information on how the readings were collected — as his defense team plans to ask a judge to dismiss the indictment leveled against him, the outlet reported.
“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,” the attorneys, Richard Klineburger III and Matthew Portella, said in a statement.
Follow the NY Post’s coverage on NHL star Johnny Gaudreau’s tragic death at 31:
- Johnny Gaudreau’s 1-year-old son serenaded by fans on birthday in heartwarming scene
- Driver who fatally struck NHL’s Johnny Gaudreau and his brother says they were drunker than him at the time
- Accused drunk driver Sean Higgins pleads not guilty in death of NHL star Johnny Gaudreau, his brother Matthew
- Blue Jackets star Johnny Gaudreau, brother struck and killed by car while riding bikes a day before sister’s wedding: ‘Unimaginable tragedy’
- Johnny Gaudreau’s wife honors NHL star with moving tribute after devastating alleged drunk driver crash: ‘Best years of my life’
- Matthew Gaudreau’s wife pays tribute to dad-to-be in heart-wrenching posts: ‘Never experienced pain like this’
- Canadiens star Cole Caufield reveals touching plan to honor Johnny Gaudreau
- Fans’ Johnny Gaudreau memorial leaves NHL’s Flames ‘speechless’
- GoFundMe for Matthew Gaudreau’s family has raised over $500K after tragic death
The double tragedy made national headlines after it emerged the two brothers had been killed on the eve of their sister’s wedding.

The ordeal only intensified when the family revealed Matthew’s widow, Madeline, was pregnant with their first child at the time of his death.
Their son was born late last year.
Meanwhile, the development in the case comes after Higgins last month rejected a plea deal in the case and ended up pleading not guilty to a slew of charges, including manslaughter and vehicular homicide.
He now faces more than 60 years behind bars if convicted.
A Gaudreau family attorney didn’t comment on the latest court filing.