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

[KovalchukFistPump]

Obviously accident is still completely his fault.

But please people, protect yourselves as pedestrians and when on bikes. I thought I heard that they weren't wearing helmets....is that true? Were they wearing any reflective vests? All the evidence points to the guy not paying attention and driving unsafe anyway, but just something to remind people who bike on these types of roads.

 

[Rubi]

Open season on drunk walkers, runners, and bicyclists.

 

[HockeyVirus]

Responses in this thread is why we have the due process we do. Mob justice is scary

 

[MrHeiskanen]

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

How do you know if the bikes swerved in front or if the car swerved off the road? Do we have evidence either way?

 

[MrHeiskanen]

How the f*** would he know if they were intoxicated??

Did he roll down his window and ask them before he plowed into them??

Moron.

Well it looks like it was tested and there is some results if you took a minute or two to read the article instead of calling people morons.

 

[Ratsreign]

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

Bicycles, golf carts, riding a horse...it’s all illegal while impaired/drunk (in FL, NJ may be different)

Idk, the argument is they were more drunk than he was so he’s not at fault? I guess it would first have to be proven that Gaudreau bros were at fault for the accident. But still, it seems if he’s not also legally impaired perhaps he avoids them, anyway. Idk....
I imagine it’s going to be very hard to find an impartial jury locally.

 

[FriendlyGhost92]

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.

To lie and manipulate the system to get their guilty client out of trouble*

Fixed it for you.

 

[Dr Pepper]

How do you know if the bikes swerved in front or if the car swerved off the road? Do we have evidence either way?

I think if the Gaudreaus were drunkenly zig-zagging their way down the road instead of just sticking to the shoulder, it would've been known by now.

This just feels like some slimy lawyer fishing to try and game the legal system and get his client less time in prison than he deserves.

 

[MrHeiskanen]

I think if the Gaudreaus were drunkenly zig-zagging their way down the road instead of just sticking to the shoulder, it would've been known by now.

This just feels like some slimy lawyer fishing to try and game the legal system and get his client less time in prison than he deserves.

I don't know, I don't make assumptions and only believe in evidence. Let the process play out and see all the facts come to light.

 

[Sasha Orlov]

The courts these days, particularly in the USA, are a joke. Donald Trump has proven that.

Yes but not in the way that you mean

 

[abax44]

So are they saying the bros were drunk and swerved in front of his car? Or simply that they were drunk when he ran them over and he's still guilty?

 

[luiginb]

Are there worse people in the world than lawyers?

 

[Ratsreign]

I disagree.

The only one who "caused a hazardous situation" that night was Higgins, when he got behind the wheel of his car or truck and plowed into two unsuspecting cyclists. The Gaudreaus were riding their bikes on the shoulder and were no risk to any other motorist at the time. They may as well have just been walking, considering the cars passing them.

Their apparent intoxication was not in any way the cause or reason they died - Higgins was. 100%.

I had a (seemingly) drunk guy on a bike weaving down the side of the road as I approached from behind him. I hung back because the road was a narrow two lane road with traffic coming from the other direction. Just as I was losing patience and about to go past him, the fool on the bike fell right over in front of my truck. A cop happened to be approaching from the other direction and saw what happened, drunk guy was taken off to jail.
tl/dr; It certainly can be a hazard to be out there drunk riding a bicycle down the side of the road. Even so, Higgins being drunk probably, even assuredly, prevented him from reacting to a hazard and he still is to blame for his actions.

 

[KeithIsActuallyBad]

Are there worse people in the world than lawyers?

Politicians.

 

[Cogburn]

What a POS. Even if they were absolutely sloshed, your client was driving drunk, performing an illegal manuever, and caused 2 deaths. I know a lawyer has to pull out all the stops, but this is a disgusting way to do it.

 

[archangel2]

Obviously accident is still completely his fault.

But please people, protect yourselves as pedestrians and when on bikes. I thought I heard that they weren't wearing helmets....is that true? Were they wearing any reflective vests? All the evidence points to the guy not paying attention and driving unsafe anyway, but just something to remind people who bike on these types of roads.

Have you been called to testify? Unless you saw the actually accident, you are like the rest of us, putting pieces of the puzzle together and the one thing that I still found interesting was how quickly the prosecutors gave so much info out so quickly. And as time has passed we have received some contradictory information. I believe we still do not know everything

 

[Ratsreign]

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.

Well said

 

[Skinnyjimmy08]

ahhh good old defense lawyers

scum

 

[saintunspecified]

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.

It is literally a defense lawyer's job to bring this up. If this is accurate, and the defense lawyer didn't raise it, that's malpractice. If it's inaccurate, then have whatever go you want at the lawyer.

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

If this is true, and it's not brought up, the legitimacy of a conviction could appear questionable.

 

[KeithIsActuallyBad]

It is literally a defense lawyer's job to bring this up. If this is accurate, and the defense lawyer didn't raise it, that's malpractice. If it's inaccurate, then have whatever go you want at the lawyer.

If I were a prosecutor I'd bring up the accused's complete lack of empty and remorse for what he did. The dude deserves to rot.

 

[Ratsreign]

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

It’s their job. If they don’t do so, it possibly could lead to a conviction being overturned upon appeal.

 

[PeE eL DuBoiS]

They have a duty to represent their clients to the best of their ability.

I doubt many of them are bothered by adhering to one of the principles of the oath they took.

Agree it's part of their job. And agree the defense lawyer wouldn't be doing their job properly without questioning this, especially if the information was withheld.

But if you were hired for a job, and that job was to slap babies, you would still be a baby-slapper at the end of the day. Even if you claimed you were "just doing my job".

 

[saintunspecified]

I really question how defense attorneys sleep at night.

Given the reality of prison in the US, I don't know how prosecutors sleep at night.

But if you were hired for a job, and that job was to slap babies, you would still be a baby-slapper at the end of the day. Even if you claimed you were "just doing my job".

I mean the difference between the baby slapper, and a cop is the cop would say they're doing their job while at the same time doing private baby slapping as a side hustle.

 

[WarriorofTime]

Guy is entitled to his due process in court like everyone else. Really don't think we should have something like this open as obviously everyone is very sad about the tragic loss of life involving the two young men. I'd prefer to let the legal process play itself out rather than give everyone a platform for their take.

 

[JPeeper]

This shit stain of human waste has 0 remorse for killing two people. I can't see a jury not finding this piece of shit guilty and throwing the book at him regardless of what his defense lawyer tries.