NJ judge rejects bid to drop charges in Gaudreau brothers crash case
A New Jersey judge has denied another attempt to dismiss charges against the driver accused of killing NHL star Johnny Gaudreau and his brother, Matthew. Superior Court Judge Michael Silvanio made the ruling Monday during a pretrial hearing. Attorneys for Sean Higgins sought to dismiss several charges, arguing issues with how Higgins' blood alcohol level was tested and presented to the grand jury.
RELATED | Gaudreau brothers crash case: Lawyers claim suspect wasn't driving drunk The defense said blood samples used to determine Higgins' blood alcohol content were improperly handled and that the method used to calculate the . 087% result was not clearly or transparently explained to the grand jury. IMAGE: Sean Higgins is seen walking into court for a pre-trial hearing on May 11, 2026.
Prosecutors allege Higgins was driving above the legal limit when he struck the Gaudreau brothers as they rode their bicycles in August 2024. According to court documents, Higgins' blood was drawn at a hospital, where his BAC was measured at 0. 087%, just above New Jersey's legal limit of 0.
08%. Defense attorneys argued that the blood sample was not properly handled or documented and that differences between serum and whole-blood testing methods may have affected the result. "The argument is the connection between the fact that something went wrong, something was improper with either the handling or the drawing of this blood that caused the clotting, and when it went to the forensic lab and there was an extra step the state is now claiming was taken, there's no way we can tie that back to which sample was utilized," said defense attorney Richard Klineburger.
SEE ALSO| Hearing held to suppress statements in Gaudreau brothers fatal crash case Assistant Prosecutor Michael Mestern countered that the evidence was accurately presented to the grand jury. "There is credible evidence to support the claim that there was a BAC level of . 087%.