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

[Esq]

I really question how defense attorneys sleep at night.

Filing shit like this to try to get clients they know are guilty as f*** out of facing the music. And knowing that sometimes they succeed.

Because the police and prosecutors cut corners.

 

[Killer Orcas]

This non sense is expected in litigious USA however feel terrible for Gaudreau family for having to go through more pain.

 

[93LEAFS]

Lawyers rightfully are gonna give the defendent the best defence they can get, and bring up any mitigating factors. They would be irresponsible if they didn't and then would leave a ton open for appeals if they didn't.

At the end of the day, regardless of anyone's liquor intake, he made an illegal road maneuver that would be considered insanely dangerous and reckless even if he blew a 0.000.

 

[supercanuck]

 

[Empoleon8771]

WIthout supporting evidence that the Gaudreau brothers were driving their bikes recklessly, i don't think their blood alcohol level matters at all as it's not illegal. Any baseless assumptions are just hearsay.

What we DO know is the driver was commiting a crime driving under the influence and killed them both using his car.

That's ultimately up to the judge to decide and whether that information being withheld is a justification for the charges to be dismissed.

I think it likely doesn't work, but there is absolutely a case to be made that the Gaudreaus being drunk could have been a factor in the indictment. And not presenting that evidence is grounds for charges to be dismissed. I don't think it works but there is a case there.

 

[nowhereman]

Source?

Because the only stuff I found said it could result in public nuisance charges but that's about it. And that case precedent is contradictory.

I'm not an expert in New Jersey law but some quick Googling of various law offices in the state all noted that, although bicycles are not a motor vehicle, they are still subject to Title 39 of the Motor vehicles and Traffic Regulation laws of NJ. While an actual DWI looks to be rare, it can still technically result in fines, community service and jail time. But I acknowledge that my first post does somewhat conflate the consequences between the two crimes, when they are treated differently in terms of severity. You can't receive an IID or license forfeiture from a DWI on a bike.

All that said, I don't think this should have much effect on the case if there is no evidence the Gaudreaus' impairment played a part in the "accident" (which is an ugly word for something so reckless on Higgin's behalf). What Higgins did was deplorable and he needs to see the inside of a jail cell for it.

 

[Jumptheshark]

Did not see this plot twist coming.

the entire site got mad at me when I said I was waiting for more information to come out before I was rushing to judgement

 

[FriendlyGhost92]

Because the police and prosecutors cut corners.

"Police and prosecutors cut corners" is one hell of a way to justify getting off shitheads who you know are guilty.

 

[Jumptheshark]

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.

Well, I have ridden a mountain bike when I was very drunk and nearly drove off the side of a cliff

 

[SEALBound]

As mas as I am about the Gaudreau brothers' deaths, I don't want that emotion to usurp any person's right to a fair trial. The wheels of justice should be blind. Whether we want it to be or not.

Instead of suggesting that the guy shouldn't be able to do this (read: I want to infringe on someone's right to a fair trial), I would rather just say "I hope the judge makes the correct, legal decision, whatever that may be".

I'm fine being skeptical of DAs, police, prosecutors, etc but I will accept what the judge rules.

 

[Elysian]

Lawyers will latch onto anything they possibly can for their clients, this isn't really surprising.

 

[Rebels57]

This guy is a royal piece of shit and I wish him nothing but the worst from now until the end of his miserable existence.

 

[Esq]

"Police and prosecutors cut corners" is one hell of a way to justify getting off shitheads who you know are guilty.

It is not the defense attorney’s job to assess guilt, and everyone deserves a lawyer to zealously advocate on their behalf within the rules.

 

[Rebels57]

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.

There were witnesses that would be able to testify whether there was any "reckless" cycling on the part of the Gaudreaus. Considering what we know about Higgins own actions and where the Gaudreau brothers were hit, there is nothing to indicate any fault on their part.

 

[Turin]

Is there proof they swerved in front of him? That they weren’t riding where they were allowed? No? Then irrelevant. Sort of liking breaking into someone’s house and killing them, but arguing that the person they killed had an illegal drug at home or something.

 

[Crosby2010]

I said this back in the summer, but he wasn't getting a big sentence anyway. There was definitely going to be some grey areas that we didn't know about come up, and that's what a trial is all about. People saying he should get life in prison, no, that was never going to happen. It wasn't 1st degree murder. It was at most manslaughter from a legal standpoint. If the lawyers are presenting evidence that makes the water a little more murky then I don't think he'll get off, but I do think it will reduce his sentence by a great deal. Throw in the fact he has a wife and two daughters.................just a hunch but that factors in I think. And yeah the family left behind from the Gaudreau boys should be factored in as well.

 

[SEALBound]

"Police and prosecutors cut corners" is one hell of a way to justify getting off shitheads who you know are guilty.

This doesn't change whether or not he's guilty. This is the difference between 40 years in prison and say, 15 years. It's merely a rephrasing of "he's 100% at fault" to "He was 80% at fault".

As much as we don't like the guy, at the same time, we want the justice system to work properly. His lawyer filing this motion is standard procedure when the new evidence comes to light. If he doesn't, he could be sued for malpractice and lose his license. If you were Higgins or in any situation where you were facing heavy charges, what would you want your lawyer to do?

"Hey, Ghosty buddy, I was going to file a motion to dismiss based on new evidence, but some people on a message board are still mad, so I'm not going to. Have fun spending the rest of your life in prison."

 

[Sasha Orlov]

"Police and prosecutors cut corners" is one hell of a way to justify getting off shitheads who you know are guilty.

What do you do for a living?

 

[bov]

Perhaps a big blow from the legal POV but doesn't really change the optics of the case. No account of any impaired behavior on the part of the Gaudreaus, and it was ultimately Higgins' reckless and illegal maneuver that killed them.

 

[majormajor]

Maybe not almost killed but I have been hit by someone going around someone else as I was walking in a crosswalk. Broke my left arm.

A few months ago - and I mentioned this in the other Gaudreau thread - I was nearly hit in the same situation. The first car stopped for me in the crosswalk and the second car must have just assumed they were stopped for no reason - because they went around at speed. It was fast enough to kill me and I jumped back.

 

[TooManyHumans]

The lawyer is doing nothing wrong. The prosecutors will also do whatever they can to make their case as strong as possible. This is how the legal system works.

 

[archangel2]

We have lawyers for a reason. Whether we like it or not, we do not have all the information and the lawyer is doing his job

 

[Kranix]

Is there proof they swerved in front of him? That they weren’t riding where they were allowed? No? Then irrelevant. Sort of liking breaking into someone’s house and killing them, but arguing that the person they killed had an illegal drug at home or something.

not even close as an analogy

 

[Golden_Jet]

Not going to help him.

 

[CanesUltimate11]

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.

I would think given that Higgins struck them while attempting to pass a car on the right shoulder should place the responsibility squarely on him. If the vehicle in front of him was moving to the middle of a two lane road to pass the brothers on the bikes then it would seem they were cycling in a proper position on the road.