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

[Elysian]

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

Yep exactly.

 

[Ratsreign]

Politicians.

Makes sense, as many of them are also lawyers

 

[Devilmademedoit]

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

That is an understatement

 

[Crow]

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".

No, I would not and have not ever sought out a job slapping babies.

 

[Ratsreign]

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

Defense atty taking a beating here for being a slimy lawyer...
Don’t forget that Prosecuting attys are also lawyers.

Hopefully, Higgins gets what he deserves according to the facts that come out in his upcoming trial.

 

[Memento]

Unfortunately, it's a defense attorney's job to paint their client in the most positive light they can, and that involves potentially smearing the victims, for good or ill.

Doesn't make it any less scummy to defend what Higgins did. He was literally drinking while driving (he had a beer can in his car that he admitted consuming at the time), and it was his aggressive, reckless, and frankly dangerous road rage that was more of a factor in the Gaudreau brothers' deaths than his drinking; alcohol just happened to be consumed at the time.

 

[Beerz]

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%.

That simply isn't true. A bicyclist can be just as dangerous riding at night intoxicated. Swerving into oncoming traffic and causing a vehicle to go off the road and crash into a tree killing occupants.

I have no idea about the case..how much is known ect ... but just because a bike can not cause serious damage by itself thru impact... it is absolutely dangerous. A drunk person in and around the road is just as much of a public safety concern.

 

[Beerz]

Yes, I was using the incorrect word. What I meant was that if this information was withheld when he was indicted, he has a case for the charges to be dismissed due to not providing evidence to the grand jury.

I don't think it works, but there is a case to be made.

He may get another kick at the grand jury but I doubt the charges get dismissed cleanly.

 

[Golden_Jet]

I believe we still do not know everything

we know some bozo driving drunk, got impatient, passed a car on the shoulder and killed 2 people,
They have the testimony of the driver and anyone in the car, being passed if the the brothers were riding recklessly or not. Not likely as that driver would have been trying to avoid the bikes. That driver would also of testified if the drunk was road raging him or riding his bumper.

It’s not going to end well for the drunken idiot. They will give him the maximum sentence that they can.

 

[Bourne Endeavor]

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 is.

This is the defense trying to find any potential reasonable doubt to avoid what could be a 20 year sentence. I don't know how you argue the relevance of their blood alcohol level when Higgins drove off the damn road in a fit of road rage, but they'll certainly try.