Judge allows blood alcohol evidence in trial over Gaudreau brothers' deaths

Sean Higgins is one step closer to facing trial in the deaths of Johnny and Matthew Gaudreau. A New Jersey judge denied a motion Monday that would have sent key evidence back to a grand jury, ruling that blood-alcohol evidence against Higgins can be presented to a jury at trial. The case will continue as scheduled.

Higgins’ attorney had argued that his blood-alcohol level at the time of the August 2024 crash was improperly collected and actually below the legal limit. Defense lawyers said plasma rather than whole blood was tested, putting his actual blood alcohol level was 0. 075.

That would be below New Jersey’s legal limit of 0. 08. Prosecutors put the figure at 0.

87. A trooper at the scene noted Higgins' breath smelled like alcohol, and the driver admitted to drinking five or six beers before the crash. He also failed a field sobriety test.