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Johnny Gaudreau, brother Matthew pass away after being struck by drunk driver in Salem County, NJ

VladDrag

VladDrag

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Feb 6, 2018
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I understand why people really seem to like Torts. This is a stand up move and I don’t think it’s a public stunt. Same with having Braun’s father behind the bench. Torts is a father and there is something special about a father-child relationship… something I thought I understood when you are a child, but that was greatly expanded when I become a father (please don’t read this as kids vs no kids debate - IDGAF what you do).
 
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pit

pit

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flyersnorth said:
Haven't read through the entire thread... what's the latest with the guy that killed them?
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From October 15 National Post article (Driver charged in Gaudreau crash hit the road after upsetting conversation with his mother: prosecution):

Higgins, a 43-year-old Iraq War veteran and married father of two from Woodstown, N.J., is charged with two counts of death by auto after he struck the brothers as they cycled along a New Jersey roadway on Aug. 29, the eve of their younger sister’s wedding.

He’s also charged with reckless driving, possession of an open container and consuming alcohol in a motor vehicle.

In New Jersey, pre-indictment conferences are meetings regarding the indictable offence, known as a felony in most other states, during which the judge, the prosecution and the defence discuss evidence in the case and decide how to proceed.

Oftentimes, the prosecution will offer the defendant a chance to plead guilty or no contest, potentially lessening the sentence.

The maximum sentence for a death by auto charge is 10 years, meaning Higgins could face up to 20 years in prison.

Jeremy Lackey, a New Jersey criminal defence attorney and partner at Lackey & Miller LLC, told the Calgary Herald that even if a plea deal is offered, he expects Higgins’ lawyer to challenge the allegations their client was impaired.

As reported by The Associated Press, the criminal complaint against Higgins notes he told an officer at the scene that he’d consumed five or six beers before the collision and admitted to drinking while driving. During a September hearing regarding bail, which was ultimately denied, the prosecution alleged Higgins started drinking at home after a work call ended at about 3 p.m. and following an upsetting conversation with his mother.

Higgins’ blood alcohol level following the accident was recorded at 0.087, just over the state’s legal limit of 0.08.

Lackey also said the state is not required to provide a plea deal and the matter could end up before the grand jury, who’ll decide whether to indict Higgins and send him to trial.

“The common course is that there (will be) some negotiations between the (pre-indictment) date and indictment, especially if you think it’s going to be beneficial to your client,” Lackey said.
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ajgoal

ajgoal

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flyersnorth said:
Thanks for the update.

How can the defense challenge that he was impaired?
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They might challenge the calibration of the breathalyzer, though I don't know if that could be done prior to facing the jury. But an out of calibration unit could throw doubt on the result.

I also imagine they plan to challenge the admissibility of the statement made by the driver. I feel like any attorney is going to want to challenge any self-implicating statement made by their client to try to prevent the jury from hearing it.
 
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Flybynite

Flybynite

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Rebels57 said:
20 years just feels way too short for the level of crime. That maximum needs to be dramatically increased.
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It's even only 20 because of the celebrity nature of the case and the victim being a star athlete. Athletes kill normal people in drunk driving accidents and get a couple of years.
 
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Rebels57

Rebels57

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ajgoal said:
They might challenge the calibration of the breathalyzer, though I don't know if that could be done prior to facing the jury. But an out of calibration unit could throw doubt on the result.

I also imagine they plan to challenge the admissibility of the statement made by the driver. I feel like any attorney is going to want to challenge any self-implicating statement made by their client to try to prevent the jury from hearing it.
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Even if he somehow gets the alcohol charges dropped, which I doubt, he is still looking at between 10-20 years and would need to serve at least 85% of that prior to being allowed parole per NJ state guidelines on "Death by Auto."

"Death by auto is a second degree crime punishable by up to 10 years in state prison and a fine up to $200,000. The driver will also be required to serve 85% of his sentence before he is eligible for parole."

The alcohol related charges would just add to that.
 
ajgoal

ajgoal

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Jun 29, 2015
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Rebels57 said:
Even if he somehow gets the alcohol charges dropped, which I doubt, he is still looking at between 10-20 years and would need to serve at least 85% of that prior to being allowed parole per NJ state guidelines on "Death by Auto."

"Death by auto is a second degree crime punishable by up to 10 years in state prison and a fine up to $200,000. The driver will also be required to serve 85% of his sentence before he is eligible for parole."

The alcohol related charges would just add to that.
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Absolutely. I was just responding to a question about how they might challenge his impairment.
 
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