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

[ManofSteel55]

Just asking, but is public intoxication not against the law in New Jersey?

According to Google, public intoxication is not against the law in New Jersey.

 

[Zirakzigil]

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.

Actually Im not. I couldnt count how many drunk driving events I have had to deal with at work. I hope the full extent of the law is used against anyone who makes that idiotic choice. Which is why I want every protocol followed to the exact T. Leave zero room for error or doubt. Bring up all defense, argue it and allow a judge to make a ruling. Dont leave any room for a mistrial.

 

[IWantSakicAsMyGM]

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.

A big part of it being a fair trial is for the accused to be able to try to argue whatever they think will help them. In this case, what else is the guys lawyer going to try to argue? That his client didn't drive after drinking or that he didn't run them over with his car as a result? When the facts of the case are damning like this and the accused refuses to plead guilty, what else can his lawyer do, but throw shit at the wall and hope something sticks?

 

[luiginb]

Just lawyers doing what lawyers are paid to do. That's why nobody likes them.

 

[Rubi]

Judge made the right call.

 

[Filthy Dangles]

Judge made the right call.

Guy lookes like he aged 10 years since it happened

 

[TheBeastCoast]

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

Want to break it down why it matters....at all?

 

[Bileur]

Want to break it down why it matters....at all?

I could see relevance in a civil suit but not criminal.

 

[Rubi]

Guy lookes like he aged 10 years since it happened

Not surprised. He's facing a possible 70 years in prison if he's found guilty and I have no idea how he wouldn't be. In the USA they can really throw the book at you if they want.... unlike Canada where he'd probably get 10 and be out in 4.

 

[Mattilaus]

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.

And if the defence doesn't exhaust all possible avenues then the defendant can appeal on the basis of ineffective counsel. Is this what you want? This guy to have a clear path to appeal after the trial?

 

[DudeWhereIsMakar]

Higgins is fighting this case with all his might because he has kids. I mean, I feel bad for his kids because they didn't deserve this. I mean, he should've thought about that before going behind the wheel. But also, he was a US Army Vet which means he may have been drinking due to PTSD which can be deemed a solid case in America. Also, the military has good lawyers who could fight these kinds of things forever. The best he can likely get is permanent house-arrest with no parole and can only leave for appointments.

But I'm guessing he gets life.

 

[MetalheadPenguinsFan]

f*** him

let him rot..

 

[DelZottoHitTheNetJK]

I'm not on this guys side by any means but his lawyers are doing everything they can for their client; that's all this is. If they didn't they wouldn't be doing their jobs. For better or worse.

The big takeaway here in a world where rideshares are so easily accessible.. if you find the need to drink alcohol, pony up the money to pay for the f***ing Uber.

 

[Filthy Dangles]

But I'm guessing he gets life.

He’s not getting Life. He has no criminal history and it was a car crash.

Life is a sentence that gets handed down to cold blooded murderers.

Imo, it’ll be closer to ending up with him “only” serving ~10-ish years of actual prison time than spending the rest of his life there.

 

[BondraTime]

He’s not getting Life. He has no criminal history and it was a car crash.

Life is a sentence that gets handed down to cold blooded murderers.

Imo, it’ll be closer to ending up with him “only” serving ~10-ish years of actual prison time than spending the rest of his life there.

Isn’t this his 2nd or 3rd DUI? He wasn’t sentenced because the arresting officer never showed up, it’s still on his file

But no, he’s not getting life

 

[Filthy Dangles]

Isn’t this his 2nd or 3rd DUI?

But no, he’s not getting life

He was arrested for DUI one other time when he was younger, but the charge was later dropped and the case dismissed. So he has no criminal history or convictions.

That fact (him being arrested for it once prior) most likely won't be admissible in court since it was dropped/dismissed. So it won't be a factor in his punishment.

 

[lionsDen]

Yikes some of the responses in this thread are crazy. .8 is like a beer or two.

The brothers intoxicated has bearing.

Sad that alcohol caused it

 

[3074326]

Judge made the right call.

Curious to hear the clown show's legal analysis like we saw earlier in the topic. I'm sure it'll be as compelling as it was the first time..

 

[Goose]

Want to break it down why it matters....at all?

The judge clearly stated that there's no credence to the argument that any intoxication on their part contributed. They were operating their bicycles safely and properly. It's squashed, no longer relevant.

The plea deal he got offered initially was shockingly high, I think like 35 years, which is kind of nuts for a plea deal in this type of situation, the prosecution is going as hard as they can.

I think anyone guessing at a final number is just throwing darts, because it's hard to know if he ends up with first- or second-degree vehicular homicide, the difference between the two is huge, and first-degree isn't a slam dunk I don't believe (at least based on what I've seen of the facts.)

Overall an awful situation. Hopefully it resolves soon so the families can put this behind this part of it behind them.

A reminder to all of us to just not drive if we've been drinking, period.

 

[pearljamvs5]

Yikes some of the responses in this thread are crazy. .8 is like a beer or two.

The brothers intoxicated has bearing.

Sad that alcohol caused it

.08 and .8 are INCREDIBLY different. So many people treat drinking and driving as no big deal, which obviously shows what a huge problem it is.

 

[Lazlo Hollyfeld]

Yikes some of the responses in this thread are crazy. .8 is like a beer or two.

The brothers intoxicated has bearing.

Sad that alcohol caused it

Why?

 

[Lazlo Hollyfeld]

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

Why?

 

[Lazlo Hollyfeld]

Higgins is fighting this case with all his might because he has kids. I mean, I feel bad for his kids because they didn't deserve this. I mean, he should've thought about that before going behind the wheel. But also, he was a US Army Vet which means he may have been drinking due to PTSD which can be deemed a solid case in America. Also, the military has good lawyers who could fight these kinds of things forever. The best he can likely get is permanent house-arrest with no parole and can only leave for appointments.

But I'm guessing he gets life.

No way he gets life

If Gaudreau wasn’t an NHl hockey player and he mowed down a couple everyday folks the sad reality is he likely serves little time at all. Motorists who kill cyclists very rarely get severe punishment. There’s usually the unspoken implication that the cyclist is partially to blame simply for riding on the road.

 

[Mitts]

Who gives a f***, last I looked the Gaudreau brothers didn't runover and kill 2 people with their bicycles.

 

[Ford Prefect]

It may be to minimize his prison term.

Also, if the BAC results turn out to be wrong on the brothers, they may be able to say their clients must also be wrong.

Each sample is collected and examined independently of one another. If one was tainted, it does not mean any others are. Anything can go wrong that would corrupt a sample; extraction, storage, sample contaminated at the lab, etc. Sure, you can shovel enough shit at a wall to see what sticks.

I don't really know what his lawyers are attempting. Whether the brothers were intoxicated or not does not negate the client's culpability. I can tell you that in Canada, over 80 causing death more of a sentencing issue. All they need to prove is the accused operated a conveyance over the legal limit, and a death ensued as a result. One of the few offences for which they don't need to establish causation (i.e. that being over 80 materially contributed to the cause of death). The logical argument is that even if they were impaired, a sober driver would have been able to observe and react quicker than an impaired driver and avoid the collision. He would be more likely to be tried under criminal negligence causing death. There causation does need to be established, but intention does not (i.e. that he intended to cause death).

The defence is certainly entitled to whatever evidence the state collected as part of its ongoing disclosure obligation. You want to claim abuse of process at trial due to prosecutorial or police misconduct, that's a tough one to win, especially if you can't establish that the failure to disclose was malicious. Asking for the charges to be dismissed because they were drunker? That's law school level stupid.