The defense attorneys for the man accused of driving drunk and killing Columbus Blue Jackets player Johnny Gaudreau and his brother allege in new court filings that the brothers were also legally drunk at the time of the accident.
In a defense motion for additional discovery related to blood testing filed this week and obtained by USA TODAY Sports, documents say that Johnny Gaudreau had a blood alcohol level of .129 and his brother Matthew had a BAC of .134. The legal blood alcohol content limit for non-commercial drivers in New Jersey, where the accident occurred, is 0.08.
Authorities say that Sean Higgins was driving a Jeep in Oldmans Township, New Jersey, on Aug. 29 when he struck the Gaudreaus from behind as they were riding on bicycles. The brothers were in town for their sister’s wedding, which was scheduled for the next day.
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Higgins, who is charged with vehicular homicide and aggravated manslaughter, said that he drank beers before the accident and while operating his vehicle and also had a blood alcohol level above the legal limit at .087.
In the court filings, Higgins’ attorney, who also filed a motion to have the case dismissed, wants to know how the investigator got the information about Gaudreaus’ blood alcohol level, but also doesn’t explicitly say that it played any part in the accident.
Last month, Higgins rejected a 35-year jail sentence (15 years each for two counts of aggravated manslaughter and five years for leaving the scene of a fatal accident) from prosecutors and instead pled not guilty to the charges. His next court appearance is scheduled for March 26.
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