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

[Hanji]

Doesn't really matter if they were drunk or not. The only person operating a vehicle was drunk and killed both of them.

Tell me more about how them being drunk on bicycles would absolve Higgins being drunk in a vehicle, speeding past multiple other cars, and running them over, though.

So now you’re going from proceedure was followed, to proceedure doest matter. Okay.

And yes it does matter. The brothers were doing something illegal when killed. This would be considered relevant information in any and every court case.
Now whether that played a part in their death is for the GJ to decide. However failure to even present this info is a screw up.

 

[FriendlyGhost92]

So now you’re going from proceedure was followed, to proceedure doest matter. Okay.

And yes it does matter. The brothers were doing something illegal when killed. This would be considered relevant information in any and every court case.
Now whether that played a part in their death is for the GJ to decide. However failure to even present this info is a screw up.

Considering the Gaudreaus being drunk is irrelevant to the case, no, it has nothing to do with "Proceedure".

Feel free to cite the crime committed by riding a bike drunk. At best you can argue public intox. Which still has absolutely nothing to do with Higgins himself being drunk and running them over.

If they were drunk on bikes and Higgins shot them, is he absolved of that, too?

 

[Hanji]

Considering the Gaudreaus being drunk is irrelevant to the case, no, it has nothing to do with "Proceedure".

Feel free to cite the crime committed by riding a bike drunk. At best you can argue public intox. Which still has absolutely nothing to do with Higgins himself being drunk and running them over.

If they were drunk on bikes and Higgins shot them, is he absolved of that, too?

​

Riding a bike drunk is illegal. Any and all illegal activity is 100% relevant to any case. Always.
Now whether or not it played a part in their death is for the GJ to decide.
Oversight by any competent prosecution.

While not subject to DWI punishment, riding a bicycle while impaired is still illegal in NJ.


Can You Get a DUI on a Bike? - Updated Jan 2025

 

[Voight]

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.

His lawyer is just doing their job. They know this is likely an un winnable case so they're angling for the best deal possible (I've heard that the original offer from the DA was 30 years).

 

[Number8]

Seems to me that they were drinking and did the right thing by not driving.....Mr Higgins should have done the same.

I think this nails it. If Higgins had done the same, the very worst thing that could have happened was they had a bike crash.

Hopefully the witnesses that said that Higgins ducked into the gap between the bikes and a lead car that was giving the bikes room (I believe that's how they determined this) will report that they didn't not swerve into the road.

I feel for that family. They've lost so much and no must be irate over this sort of defense.

 

[Coaches Coroner]

"yer onor, I cand be guildy, they was drunger than I was ha *hic hic*"

 

[ShootIt]

I think this nails it. If Higgins had done the same, the very worst thing that could have happened was they had a bike crash.

Hopefully the witnesses that said that Higgins ducked into the gap between the bikes and a lead car that was giving the bikes room (I believe that's how they determined this) will report that they didn't not swerve into the road.

I feel for that family. They've lost so much and no must be irate over this sort of defense.

Speaking of bike crashes, two middle school kids were run over by a semi local to me last week when they collided with one another on the sidewalk, which lead to both going under the rear axle of a semi trailer in the right lane. One died right away, one in serious condition.

That type of road, a bike crash may of lead someone into the path of a car.


PS, my hope is Higgins gets at least near his plea deal. Drunk+road rage+ 2 deaths to me equals end of freedoms for most of his

 

[tfwnogf]

Putting emotions aside, I don't think it should absolve Higgins of any responsibility. Aggressively passing someone didn't have to happen, him drinking 6 beers before getting behind the wheel didn't have to happen, therefore this new information should not reduce his sentence. It would be a different story if the Gaudreau brothers were drunkenly swerving right into his lane, but that doesn't seem to be the case.

However, it does add an interesting "layer" to this case. And a completely valid point to bring up. Imo doesn't change a thing about how I look at their deaths as anything other than completely tragic, unnecessary and 100% avoidable if not for the reckless actions of Higgins.

 

[AnonoJet]

What do you call 1000 lawyers at the bottom of the ocean?

A good start

 

[yeaher]

Putting emotions aside, I don't think it should absolve Higgins of any responsibility. Aggressively passing someone didn't have to happen, him drinking 6 beers before getting behind the wheel didn't have to happen, therefore this new information should not reduce his sentence. It would be a different story if the Gaudreau brothers were drunkenly swerving right into his lane, but that doesn't seem to be the case.

However, it does add an interesting "layer" to this case. And a completely valid point to bring up. Imo doesn't change a thing about how I look at their deaths as anything other than completely tragic, unnecessary and 100% avoidable if not for the reckless actions of Higgins.

no doubt. they are all at fault. f*** Higgins, but f*** the gadreaus sure they drove around drunk. regularly, I mean shit if you'll ride a bike drunk you'll definitely drive a car.

 

[benfranklin]

This sucks that this is in the news. Obviously the dude is going to go with any defense he can vs simply pleading guilty and getting the max sentence, but f*** this sucks to read. Hopefully this simply means 50 years instead of 100.

But does put a damper on it all knowing the brothers were drunk too. Blah

 

[Dr Pepper]

no doubt. they are all at fault. f*** Higgins, but f*** the gadreaus sure they drove around drunk. regularly, I mean shit if you'll ride a bike drunk you'll definitely drive a car.

Well that's a hell of a leap you just made there.

 

[yeaher]

Well that's a hell of a leap you just made there.

Haha, whatever you have to tell yourself. It's not a leap at all.

 

[Unspecified]

Even IF they were drunk that does not absolve the driver of a 4k pound piece a metal from mowing them down. This is the craziest defense I've seen in quite some time.

 

[BoneDocUK]

Haha, whatever you have to tell yourself. It's not a leap at all.

I've got a few mates who've walked home tipsy after the footy. Next step down that road to DUI/ vehicular homicide hell is the bicycle, then the pickup. Damn them all.

The brothers being over the limit whilst cycling is salient, and had they been picked up and prosecuted instead of being killed by an angry drunk driver passing illegally it might matter more still.

It may alter, slightly, the balance of overall blameworthiness relative to the events. Doesn't and shouldn't alter the specific degree of blame the angry drunk driver who killed them should assume.

Not a lawyer, so not sure ho this might play as mitigation. In my profession I am very familiar with the consequences of DUIs -- it is maddening how common it still is.

 

[Neil Racki]

​

Riding a bike drunk is illegal. Any and all illegal activity is 100% relevant to any case. Always.
Now whether or not it played a part in their death is for the GJ to decide.
Oversight by any competent prosecution.

While not subject to DWI punishment, riding a bicycle while impaired is still illegal in NJ.


Can You Get a DUI on a Bike? - Updated Jan 2025

No .. its not. Most laws are state by state but fed rule on evidence is as follows ..

(1) defense would have to prove victims BAC had some relevance (i.e. swerved into road; impaired ability to hear a horn or warnign signs a reas person would have .. blah blah blah)

then even if it has some relevancy .. (2) def has to prove probabtive value substantially outweighs the prejudical effect

 

[Barsky]

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.

Just a lawyer doing his job and defending his client as best one can, like it or not (no one likes it tbf)

 

[Barsky]

What do you call 1000 lawyers at the bottom of the ocean?

A good start

If it weren't for lawyers, we wouldn't need lawyers

 

[Volica]

I get his lawyer is going to try just about everything, that's what they're paid to do.
But the defence of "I was 5 beers/hour deep, but the two guys I killed on their bikes were 6 beers/hour deep, so it's sort of their fault" is wild.

 

[Barsky]

I get his lawyer is going to try just about everything, that's what they're paid to do.
But the defence of "I was 5 beers/hour deep, but the two guys I killed on their bikes were 6 beers/hour deep, so it's sort of their fault" is wild.

Ya, but it speaks to their ability to notice vehicles just like it speaks to his ability to notice cyclists, plus it's illegal, so kinda pertinent in a court case, no matter how sleazy it seems

 

[Dr Pepper]

Ya, but it speaks to their ability to notice vehicles just like it speaks to his ability to notice cyclists, plus it's illegal, so kinda pertinent in a court case, no matter how sleazy it seems

It doesn't "seem" sleazy, it IS sleazy - even if, as you said, the lawyer/team of lawyers are just doing their job in defending their absolute shitbag of a client.

Just the way it goes.

 

[Barsky]

It doesn't "seem" sleazy, it IS sleazy - even if, as you said, the lawyer/team of lawyers are just doing their job in defending their absolute shitbag of a client.

Just the way it goes.

Agreed, that's the justice system though, it ain't pretty. Still a necessary evil in a world where the court of public opinion isn't remotely afraid to pass judgement without anywhere near all the facts

 

[algernon]

What happens if the brothers were driving 2 abreast instead of single file on the shoulder? Would that decision be due to being drunk? Would that make the court think they contributed to the situation?

 

[kingsholygrail]

So DUI and BUI cancel each other out. That still leaves reckless driving and witness statements. It seems people saw him driving recklessly and no one seemed to report two drunks swerving in out of traffic on their bikes.

 

[Barsky]

What happens if the brothers were driving 2 abreast instead of single file on the shoulder? Would that decision be due to being drunk? Would that make the court think they contributed to the situation?

Exactly, we don't know. What if they fell into each other and into his path just as he was driving by? This could open a whole can of worms and reveal facts we didn't know

So DUI and BUI cancel each other out. That still leaves reckless driving and witness statements. It seems people saw him driving recklessly and no one seemed to report two drunks swerving in out of traffic on their bikes.

I wouldn't go that far, pretty hard to accidentally kill someone while biking drunk, lol, but stranger things have happened I guess