Sean Higgins' attorneys files a motion to dismiss charges- Claims the Gaudreau brothers were more intoxicated than Sean Higgins was.

[Neil Racki]

Im not sure about that

If im impaired, but driving my vehicle within the laws, adhering to speed limits etc., and you’re speeding while texting but not impaired, and run a red light and t bone me, your lawyer could make a pretty convincing argument that if my drunk ass stayed off the road like i should have the accident would have never happened.

No. Time, place and speed typically are not considerations for things like contrib or fault.

The argument "if he was going the speed limit of 25 and not 40 .. he wouldnt have been in the intersection when I ran that red light" = not a defense

Impairment or illegal activity alone is not relevant .. unless its relevant bc the impiarment caused or contributed to an action. even then, it has to pass the balancing test ... regardless this is GJ level where prosecutors can do what they want ..

 

[Three On Zero]

The Kugel Law firm of New Jersey disagrees with your assertion and states pretty clearly it is illegal, so what is your proof it's not?

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.”

 

[AlwaysSunnyInDetroit]

In this specific case, they could be, and the motion to dismiss would be struck down.

But for what it's worth, I am, and was not, talking about this case in particular but the general interpretation of NJ traffic law as provided by law firms. Like I said before, neither you or I or anyone in this thread have complete information on the proceedings so far; at best I'd guess it's third-hand information and I am not pretending to be a judge or juror who gets to decides the fate of this drunk driver.

Someone in the thread earlier mentioned something about a young MLB baseball pitcher who was killed in a DUI accident and the perpetrator received 51 years to life imprisonment. I don't recall which state it took place in, but I'd be surprised if the punishment was not at least 20 years if that's any reference point.

again, there are verifiable facts available to us that are extremely damning. you commented earlier that you don't understand what we're arguing anymore? i don't understand why you're talking about technicalities that might get this guy off and saying, 'oh, well we gotta respect due process.' the guy was driving like an ***hole (something he probably does sober anyway) and killed 2 people. f*** that f****** guy

that was me. the accident took place in southern california, i lived less than a mile away from the scene at the time. the driver of the victim's car was a 20 yo cheerleader at cal state fullerton (underage for alcohol in california), adenhart was 22, and all 4 people in the car were drunk. adenhart was likely far more responsible for his own death than the gaudreau brothers (adenhart likely provided alcohol to the underage driver and allowed her to get behind the wheel) the other driver, andrew gallo, was at least 3 times over the legal limit and was a repeat dui offender. i don't know the dui history of higgins, but that plays a major factor. after your first dui you are required to attend a madd hearing where you are informed that if you kill someone in the future while driving drunk, you will be charged with second degree murder. i'm not aware of gallo's attorney attempting the, 'the victims were drunker than my client' defense, but it certainly was not difficult for them to secure the conviction for gallo

it appears that first degree vehicular homicide in new jersey carries a 10-20 year sentence, but dwi cases tend to carry the minimum. although, perhaps if there are 2 charges he will serve 20 years

edited for clarity

 

[Pablo El Perro]

From the details that have been made public, it seems reaching for this technicality is the defense’s only hope of avoiding a very long term prison sentence.

There are those who seem to believe Higgins has no remorse. I find that hard to believe, even if he hasn’t put on a public display of it. I bet there are many days when he agrees with many of you and wishes he was dead.

I'd assume the same, not knowing the guy. It's a shitty legal defense, which a lawyer is required to do. Still sucks.

 

[CarolinaBlueJacket]

If the boys were drunk and riding a bike illegally, then charge them...oh wait they can't be charged because this POS passed on the right and crushed them under his truck.

 

[Barsky]

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.”

I didn't say the charge is a dui(dwi) I said it was illegal, which that same lawyer will tell you it is "While riding a manually-operated bicycle while intoxicated is illegal in New Jersey, the charges may not fall under the category of DUI" right from their website. Thanks for your input though

 

[Three On Zero]

I didn't say the charge is a dui(dwi) I said it was illegal, which that same lawyer will tell you it is "While riding a manually-operated bicycle while intoxicated is illegal in New Jersey, the charges may not fall under the category of DUI" right from their website. Thanks for your input though

Not my input, thats direct from the lawyer

 

[Pablo El Perro]

Not my input, thats direct from the lawyer

The Elon guy?

 

[Three On Zero]

The Elon guy?

I wish!

 

[PatriceBergeronFan]

Odd logic. Someone else breaks the law so it is acceptable to break the law even worse? Let us hope it fails miserably. Gaudreaus deserve better.

 

[Three On Zero]

Odd logic. Someone else breaks the law so it is acceptable to break the law even worse? Let us hope it fails miserably. Gaudreaus deserve better.

It’s interesting. It seems like it’s only being brought up to challenge how the BAC samples were taken, likely to get the “drunk driving” part knocked off for a lesser sentence.

“Higgins’ lawyers did not argue that the Gaudreau brothers’ blood-alcohol levels played any role in the crash and didn’t allege the brothers were breaking the law at the time, according to the report.

The filing is asking for additional information on how the readings for the blood-alcohol levels were collected for all parties.”

 

[Rubi]

Look, I get wanting to defend the Gaudreaus from fault, either legal or moral but it's illegal to ride a bike while intoxicated in New Jersey. It's not necessarily a DUI charge, but it's still illegal in other forms such as public intoxication or disorderly conduct, or whatever else the law wants to call it. It's punishable misconduct.

The truth is that all of this sucks, the lawyers are doing their jobs, and we'd all rather have the Gaudreau boys alive and that the ugliness of this all never happened. I hate all of this. I can't imagine how his family feels.

That's a red herring if I ever saw one. The Gaudreau 's intoxication had nothing to do with their tragic deaths. If they were sober as judges they'd still be 6 ft under.
Typical blame the victim defense by another scumbag lawyer.

 

[Troy McClure]

That's a red herring if I ever saw one. The Gaudreau 's intoxication had nothing to do with their tragic deaths. If they were sober as judges they'd still be 6 ft under.
Typical blame the victim defense by another scumbag lawyer.

The lawyer isn’t a scumbag. He’s doing his job. He’s supposed to throw every defense available out there, and it’s the state’s job to overcome them. This isn’t a big deal.

 

[Pablo El Perro]

That's a red herring if I ever saw one. The Gaudreau 's intoxication had nothing to do with their tragic deaths. If they were sober as judges they'd still be 6 ft under.
Typical blame the victim defense by another scumbag lawyer.

It's just a legal thing, any good attorney would do it. The law does often suck, as we see every day.

 

[Rubi]

The lawyer isn’t a scumbag. He’s doing his job. He’s supposed to throw every defense available out there, and it’s the state’s job to overcome them. This isn’t a big deal.

It's just a legal thing, any good attorney would do it. The law does often suck, as we see every day.

And people wonder why rapes and sexual assaults are so under reported.
"It's just as much her fault your honor." "You need to throw out the charges".

 

[Pablo El Perro]

And people wonder why rapes and sexual assaults are so under reported.
"It's just as much her fault your honor." "You need to throw out the charges".

Some of us get that. Likewise, cops get away with 4th amendment violations every minute of every day. Like I said, the laws suck, but lawyers have to work within that system.

 

[Leonardo87]

Enough!!

 

[spintheblackcircle]

https://www.nbc4i.com/sports/blue-jackets/judge-refuses-to-dismiss-counts-against-man-accused-in-gaudreau-brothers-deaths/

A New Jersey judge refused Tuesday to dismiss any of the counts against the driver accused of killing Columbus Blue Jackets forward Johnny Gaudreau, and his brother, Matthew.

 

[Golden_Jet]

https://www.nbc4i.com/sports/blue-jackets/judge-refuses-to-dismiss-counts-against-man-accused-in-gaudreau-brothers-deaths/

A New Jersey judge refused Tuesday to dismiss any of the counts against the driver accused of killing Columbus Blue Jackets forward Johnny Gaudreau, and his brother, Matthew.

Good ruling

 

[Schennanigans]

Imagine wanting to become a lawyer to defend scum like this.

 

[Zirakzigil]

Imagine wanting to become a lawyer to defend scum like this.

Just doing their job. Everyone has the right to a fair trial.

 

[Filthy Dangles]

This isn't newsworthy. There are always motions to dismiss filed in cases like this and they are almost always shot down.

Things are proceeding as expected at this point.

 

[I Hate Blake Coleman]

Prepare to spend the next few decades behind bars, bozo. What a spineless attempt to avoid justice.

 

[Zirakzigil]

Prepare to spend the next few decades behind bars, bozo. What a spineless attempt to avoid justice.

Actually its part of the proceedings. If his lawyer didnt try Higgins could argue for a mistrial after conviction. Lawyer is doing his job.

 

[King'sPawn]

Imagine wanting to become a lawyer to defend scum like this.

I had some friends and family who were lawyers, who for a short time practiced criminal law. When I was younger, I used to say "I couldn't defend someone I thought was guilty or prosecute someone when I understood where they were coming from (or doubted their guilt).

It was an interesting perspective.

From a defense standpoint, it's upholding the belief that everyone deserves a "fair" trial. But it's also the idea of trying to find the right resources to strike a plea bargain and for people to get needed help. For example, if someone is mentally ill, they should go to get appropriate treatment.

Especially since there are many questions about the viability of the US prison system, as it's geared more as punishment than rehabilitation.

Don't get me wrong, accusing the accused of being "more" intoxicated is a scummy defense, in my opinion. I'm sure there are actual lawyers in this forum who can give perspective.

But that feedback from a couple former lawyers I know certainly gave me a perspective to the question: "how can you defend this asshole?"