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

[UrbanImpact]

Attorneys for Higgins also filed paperwork seeking a report on blood alcohol testing that was done on both brothers and Higgins following the deadly crash.

A recent court filing from Higgins' attorneys claims the Gaudreau brothers were both found to have a higher blood alcohol concentration -- claiming Johnny's was 0.129% and Matthew's had a slightly higher concentration of 0.134% -- than Higgins at the time they were killed.

Higgins' attorneys previously pointed out that a Sept. 5 report on Higgins' blood alcohol content at the time of crash was .087% -- just above the legal limit.

The motion seeks information on how the blood evidence was collected.

Higgins attorneys also filed a motion to dismiss the case citing a "failure to present exculpatory evidence" to a grand jury in this case.

Attorneys for man charged in Gaudreau brothers' deaths file motion to dismiss

In a brief court appearance on Tuesday, attorneys for Sean Higgins, the man charged in the deaths of Johnny and Matthew Gaudreau, filed a motion to dismiss the case and wanted more information from prosecutors.

www.nbcphiladelphia.com

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[Royale With Cheese]

Did not see this plot twist coming.

 

[ijuka]

But isn't the issue his driving, not the blood alcohol levels? I feel like we're getting the cause and effect badly mixed up here.

 

[UrbanImpact]

I could be wrong but I do not believe its a crime to ride a bicycle while intoxicated in NJ

edit: apparently it is illegal

 

[spintheblackcircle]

But isn't the issue his driving, not the blood alcohol levels? I feel like we're getting the cause and effect badly mixed up here.

It may be to minimize his prison term.

Also, if the BAC results turn out to be wrong on the brothers, they may be able to say their clients must also be wrong.

 

[Coffey]

I feel like we're getting the cause and effect badly mixed up here.

Welcome to American litigation!

 

[Dr Pepper]

Imagine the nerve of this ****ing idiot - and his legal team, no doubt - to actually try and shame two people who were in the process of doing the responsible thing and NOT DRIVING after a night of drinking.

Something Higgins himself failed to do.

I hope the judge doesn't even give them the time of day. What an absolute joke.

 

[PeE eL DuBoiS]

A non-motorized bicycle, in NJ, is not considered "vehicle" under the context of a DUI. Not saying there's no relevance to what happened, but just FYI for those wondering.

Edit with source:

https://bikeleague.org/sites/default/files/bui_full_chart.pdf

 

[UrbanImpact]

But isn't the issue his driving, not the blood alcohol levels? I feel like we're getting the cause and effect badly mixed up here.

Higgins defence can be that the brothesr were intoxicated and swerving in and out of the road on their bicycle.

I'm not saying thats what happened, im just saying they could use that as a defence.

It doesnt excuse Higgins being drunk while drviving but it can potentially lower his sentence.

It will come down to evidence and witnesses.

 

[nowhereman]

I could be wrong but I do not believe its a crime to ride a bicycle while intoxicated in NJ

It's illegal. New Jersey law treats cycling under the influence (CUI) similarly to driving under the influence (DUI) when it comes to penalties and enforcement.

 

[PuckG]

Embarrassment to even publicize this. Two are dead due to his actions.

 

[Spearmint Rhino]

Did not see this plot twist coming.

Suspected this from the start when I heard they were cycling in the dark ahead of a wedding but regardless 2 wrongs don’t make a right, Higgins was a reckless drunk driver with anger management issues

 

[JohanFranzenstein]

Greasy

 

[Coffey]

Higgins was a reckless drunk driver with anger management issues

Sounds like he's from Alberta.

 

[Qward]

What a piece of human garbage

 

[Fordy]

i imagine this will be successful and he will get a lighter sentence. i'm mostly surprised by the amount of people all over social media and in this thread apparently under the impression it's legal to ride a bike under the influence in the street

 

[Nikolajs Sillers]

World, where we are going?

 

[Empoleon8771]

I mean, I actually think Higgins' attorney has a legitimate case here

Whether the Gaudreau brothers were drunk doesn't change that he was also drunk while driving, but it does impact the responsibility of whether he was fully at fault or partially at fault for their deaths. The difference between fully at fault and partially at fault likely has a significant impact on the crime and sentencing.

 

[cowboy82nd]

I could be wrong but I do not believe its a crime to ride a bicycle while intoxicated in NJ

Just asking, but is public intoxication not against the law in New Jersey?

 

[MetalheadPenguinsFan]

What a shitstain of a human being

 

[Sergei Shirokov]

All this tells me is the guy was probably prone to road rage & could've made a reckless move like that while sober.

 

[Do Make Say Think]

Meh, nothing really wrong with the lawyers doing this, lawyers have to try everything.

It sounds like it won't work.

 

[Victoire HuGo]

Based on his reckless actions would it even matter all that much if their biking was iffy? The dude plowed through them doing an illegal move and was under the influence himself

 

[BLNY]

A non-motorized bicycle, in NJ, is not considered "vehicle" under the context of a DUI. Not saying there's no relevance to what happened, but just FYI for those wondering.

Edit with source:

https://bikeleague.org/sites/default/files/bui_full_chart.pdf

Thanks for digging that up.

 

[hatterson]

Filing stuff like this is literally a defense attorney's job.

It sucks because it looks like it's shaming the victims, but a defense lawyer *not* doing this is committing gross negligence.