The man accused of killing beloved hockey star Johnny Gaudreau and his brother is now asking a judge to throw out the entire case against him — claiming he wasn’t legally drunk at the time of the crash.

According to the New York Post, attorneys for 45-year-old Sean Higgins argued in court Tuesday that a defense expert determined his blood alcohol concentration (BAC) was .075 — below the legal limit of .08.

Higgins, of Pilesgrove, New Jersey, is accused of fatally striking Gaudreau, 31, and his brother Matthew, 29, in 2024. Prosecutors allege Higgins had been drinking prior to the deadly crash. While Higgins has admitted he consumed alcohol that day, his legal team now contends he was not over the legal threshold.

During a virtual hearing Tuesday, defense attorney Richard Klineburger told Salem County Superior Court Judge Michael Silvanio about the expert’s findings. Higgins is seeking to have the charges dismissed entirely and is asking prosecutors to present the case to a new grand jury for a fresh indictment.

 

“It seems that it was plasma that was tested, not whole blood,” Klineburger said. “Based upon our expert report, that brings the actual BAC reading down to .075.”

Prosecutors have maintained that Higgins’ blood alcohol content measured .087 — above the legal limit — at the time of the crash.

However, defense attorney Richard Klineburger argued that his expert’s finding of a .075 BAC creates a significant discrepancy. He told the court the difference may have “impacted the grand jury” in its decision to indict Higgins on all charges, per the New York Post.

Those charges include first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident and tampering with physical evidence.

If convicted on all counts, Higgins faces up to 70 years in prison.

“It taints it,” defense attorney Richard Klineburger said of the indictment, arguing that the alleged BAC discrepancy could undermine the grand jury’s decision.

Prosecutor Michael Mestern told the court he needs time to have his own experts and investigators review the defense’s findings. The judge said that if prosecutors ultimately agree with Higgins’ new BAC claim, Mestern could seek a new indictment from a grand jury.

Klineburger also revealed he submitted a counteroffer after prosecutors previously proposed a 35-year prison sentence in a plea deal. The judge encouraged both sides to continue negotiations and offered to help facilitate discussions if needed.

Higgins is scheduled to return to court on April 14. At that time, prosecutors are expected to say whether they accept the new BAC findings and provide an update on plea talks.

Higgins previously tried to have the charges reduced or dismissed by arguing the Gaudreau brothers were more intoxicated than he was and contributed to the crash. That request was denied.

Johnny and Matthew Gaudreau — both married fathers — were riding their bikes single-file along the shoulder of a road in Oldmans Township on Aug. 29, 2024, when Higgins struck them. Authorities say another vehicle had slowed down near the cyclists, but Higgins attempted to pass that car and hit the brothers. He stopped about a quarter mile away, where police found him.

Officers said Higgins told them he had consumed five or six drinks.

 

 

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The brothers were in town for their sister’s wedding, which was scheduled for the next day.

This legal action comes just days after the 2026 Winter Olympics concluded — an event Gaudreau would have competed in as a member of Team USA had he not been killed. The U.S. men’s hockey team went on to win gold against Canada on Sunday and honored Gaudreau during their postgame celebration.

 

 

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Gaudreau, who played 11 seasons in the NHL, was also remembered earlier in the tournament. His family was invited to attend the semifinals in Milan to watch Team USA face Slovakia in tribute to the late star.