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

[Rebels57]

Just doing their job. Everyone has the right to a fair trial.

I used to think that but current events in the US has left that open for debate to some.

 

[Zirakzigil]

I used to think that but current events in the US has left that open for debate to some.

Not really. Laws and protocols need to be followed. Otherwise he walks. And I hope the police, lawyers and judges all do things to the letter.

 

[Dr Pepper]

Just doing their job. Everyone has the right to a fair trial.

Didn't know Higgins' "right to a fair trial" involved him and his lawyers whining about the Gaudreaus' BAC as if it had any relevance whatsoever.

Hope he spends the rest of his miserable life locked up.

 

[Boss Man Hughes]

Not really. Laws and protocols need to be followed. Otherwise he walks. And I hope the police, lawyers and judges all do things to the letter.

Not for everyone in the US.

 

[Rebels57]

Not really. Laws and protocols need to be followed. Otherwise he walks. And I hope the police, lawyers and judges all do things to the letter.

I agree..but those laws are not being followed for everyone right now.

 

[Crosby2010]

Didn't know Higgins' "right to a fair trial" involved him and his lawyers whining about the Gaudreaus' BAC as if it had any relevance whatsoever.

Hope he spends the rest of his miserable life locked up.

I think it was talked about quite some time ago, but no one gets locked up for the rest of their life for a car accident. Even a fatal one. 1st degree murder it isn't. I will say that for sure this is a very sad situation where both brothers died, and the children being fatherless is heartbreaking. But I don't think there is a state in the U.S. (Texas even?) that would lock someone up for life for drunk driving.

 

[Dr Pepper]

I think it was talked about quite some time ago, but no one gets locked up for the rest of their life for a car accident. Even a fatal one. 1st degree murder it isn't. I will say that for sure this is a very sad situation where both brothers died, and the children being fatherless is heartbreaking. But I don't think there is a state in the U.S. (Texas even?) that would lock someone up for life for drunk driving.

The article I read, said something along the lines of a possible 70 year sentence for double vehicular manslaughter, after Higgins and his team declined a plea deal that would've given him 35 years.

But you're right, even 35 is far more than I've seen some get for far worse when it comes to fatal alcholol-related crashes.

 

[SEALBound]

I agree..but those laws are not being followed for everyone right now.

I don't get it, how so?

 

[Mattilaus]

Said it last time this topic popped up. Defence attorneys are a check on the legal system. Their job is to make sure law enforcement and the DA have done theirs properly. If the person is truly guilty, a defence attorney does their job properly, and so do law enforcement/the prosecutor, then the person will go to prison and will not have an avenue to win an appeal. If any of those three fail at their job, it means the accused could either walk free or have an avenue to appeal.

Criminal defence lawyers don't see their job as defending criminals. They see it as ensuring law enforcement and the prosecutor are doing their jobs and not skipping any steps.

You can call them scummy or evil or whatever you want, but the legal system would be absolutely rampant with corruption and innocents jailed without them.

 

[JPeeper]

Said it last time this topic popped up. Defence attorneys are a check on the legal system. Their job is to make sure law enforcement and the DA have done theirs properly. If the person is truly guilty, a defence attorney does their job properly, and so do law enforcement/the prosecutor, then the person will go to prison and will not have an avenue to win an appeal. If any of those three fail at their job, it means the accused could either walk free or have an avenue to appeal.

Criminal defence lawyers don't see their job as defending criminals. They see it as ensuring law enforcement and the prosecutor are doing their jobs and not skipping any steps.

You can call them scummy or evil or whatever you want, but the legal system would be absolutely rampant with corruption and innocents jailed without them.

IMO the scummy side of it is when they know their client is clearly guilty, but throw all this shit at the wall as a defence. Like the argument for getting this thrown out after killing two people is they were also drunk so he should be off the hook. To me that isn't "fair" to the victims. Guy admitted to drinking while driving in the car, not just drinking beforehand and getting into his vehicle drunk.

I have no problems with keeping courts/judges/the system in check, I just think there should be a better way than essentially victim blaming people from a drunk driver.

 

[Fantomas]

I believe lawyers call this type of strategy "Plan B."

 

[Oilslick941611]

I used to think that but current events in the US has left that open for debate to some.

No. It’s more important now than ever.

Think of it like this Would you want this to guy to go free because his lawyer screwed up by not giving him the best defence and leaving the case open for an appeal on incompetent defense ground?

 

[Rebels57]

No. It’s more important now than ever.

Think of it like this Would you want this to guy to go free because his lawyer screwed up by not giving him the best defence and leaving the case open for an appeal on incompetent defense ground?

Of course not. I'm with you.

 

[HolyGhost]

sorry. but how high their blood alcohol level needs to be factored in

 

[WhiskeyYerTheDevils]

sorry. but how high their blood alcohol level needs to be factored in

It really doesn't. What needs to be factored in is whether they were in the road or not. If they were off to side, it should be an open and shut case.

 

[HolyGhost]

It really doesn't. What needs to be factored in is whether they were in the road or not. If they were off to side, it should be an open and shut case.

yes it does

 

[KirkAlbuquerque]

sorry. but how high their blood alcohol level needs to be factored in

It’s probably in this thread but what was the driver’s BAC ?

 

[Fish on The Sand]

sorry. but how high their blood alcohol level needs to be factored in

She shouldn't have dressed like that!

 

[Avs2022]

Imagine wanting to become a lawyer to defend scum like this.

**Edit - Don't want this to become a political discussion so I am deleting my response.

 

[johan f]

Irrelevant to the case. Driver of car sat in the heavier vehicle and was the one with biggest responsibility.

 

[Spargon]

Said it last time this topic popped up. Defence attorneys are a check on the legal system. Their job is to make sure law enforcement and the DA have done theirs properly. If the person is truly guilty, a defence attorney does their job properly, and so do law enforcement/the prosecutor, then the person will go to prison and will not have an avenue to win an appeal. If any of those three fail at their job, it means the accused could either walk free or have an avenue to appeal.

Criminal defence lawyers don't see their job as defending criminals. They see it as ensuring law enforcement and the prosecutor are doing their jobs and not skipping any steps.

You can call them scummy or evil or whatever you want, but the legal system would be absolutely rampant with corruption and innocents jailed without them.

It is WITH them would be 100x worse without.

 

[Filthy Dangles]

It’s probably in this thread but what was the driver’s BAC ?

.087

 

[I Hate Blake Coleman]

Actually its part of the proceedings. If his lawyer didnt try Higgins could argue for a mistrial after conviction. Lawyer is doing his job.

Idk i feel like you're letting him off too easily. The lawyers do what is asked of them, within reason. This screams of Higgins tossing shit at the wall and hoping something sticks.

 

[ManofSteel55]

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

Even if it is illegal, how does that make a DUI for another driver, and the murder/manslaughter charges against him go away? It's not like them being drunk made the driver any more sober. Investigators should still have been able to know roughly how the impact went down. Unless the brothers were swerving all over the place and acting like fools, making it impossible for him to miss them, their sobriety shouldn't affect anything in this case.

F'ing lawyers. F'ing drunk drivers. And if this gets thrown out because of the brothers' apparent intoxication, then F'ing judges and legal system too.

 

[Filthy Dangles]

sorry. but how high their blood alcohol level needs to be factored in

Factored into what? Not even Higgins' mom thinks that it would remotely be a factor in getting the case thrown out.

I'm sure the defense will try and raise that issue at trial (if it gets there, and if that info is admissible). I doubt it has much of an effect. The bottom line is this guy was driving drunk and driving like a maniac with road rage and agression and he killed them on the side of the road. He's screwed.

If the Gaudreau brothers were in the lanes of traffic (they weren't) and swerving into path of cars etc., then there'd be a legitimate argument for it. And this would be a much different case. But they weren't and it's not.

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

Wrong. There is no such thing as a DWI/DUI or any kind of impaired driving offense for a bicycle in NJ.