In a recent development, the defense lawyer for the man accused of fatally striking NHL star Johnny Gaudreau and his brother has pointed to toxicology reports indicating his client was not over the legal alcohol limit.

Sean Higgins, 45, through his legal representatives, is pushing for the charges against him to be completely dropped after the test results were reviewed, as reported by the New York Post.

Johnny Gaudreau, a former NHL player, and his brother, Matthew, tragically lost their lives in August 2024. They were hit by an SUV, allegedly driven by Higgins, while cycling near their New Jersey hometown just before their sister Katie’s wedding.

Higgins’s defense team asserts that his blood alcohol content was, in fact, under the legal threshold at the time of the accident involving the Gaudreau brothers.

This argument was presented Tuesday during a virtual session in front of Salem County Superior Court Judge Michael Silvanio, introducing a significant development in the case’s proceedings.

NHL star Johnny Gaudreau and brother Matthew died after being struck by an SUV in 2024 

Bodycam clips showed the moment Sean Higgins was arrested in Salem County, New Jersey

At the hearing, defense attorney Richard Klineburger shared these findings with the court, highlighting the expert analysis that could potentially alter the trial’s trajectory.

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

Previously, prosecutors had claimed that Higgins’s BAC reading was .087.

Klineburger later suggested that the previous reading ‘taints’ the indictment and said that alleged discrepancy could have ‘impacted the grand jury’ over their decision. 

Prosecutor Michael Mestern said that he will now run the findings by his own team of experts. Should they find the new claims to be true, then prosecutors will be able to try and get a new indictment against Higgins.

Higgins is expected to back in court on April 14. Mestern will, likely, reveal whether his own team of experts agreed with the new BAC findings. 

Back in November, Higgins’s attorneys were unsuccessful in their attempts to toss their client’s damning statements at the scene of the 2024 crash, according to NJ.com. They had argued Higgins had not been read his rights and had requested the presence of an attorney before speaking to officers in Salem County, New Jersey.

However, Judge Michael Silvanio ruled police were not obligated to read Higgins his rights at the scene as they were quickly trying to gather facts in the immediate aftermath of the crash along a country road.

Furthermore, as reported by NJ.com, Salem County prosecutors insisted Higgins was read his rights after failing a sobriety test at the scene and later again at the police station, but nonetheless continued speaking to officers even after they asked if he wanted to wait for an attorney.

The siblings were knocked off their bikes the night before their sister’s wedding 

Higgins claimed he was attempting to pass a slower car, but the driver moved into the oncoming traffic lane, forcing him back into the original lane, where he then hit the cyclists 

As previously reported by the New York Post, New Jersey police alleged that a ‘frantic’ Higgins admitted to hitting the pair shortly before his arrest. He was later charged with two counts of reckless vehicular homicide and aggravated manslaughter.

New Jersey State Police Sergeant Kenenth Flanegan testified that Higgins told him, ‘I hit them,’ at the scene.

In a clip from the cops’ bodycam footage, Higgins is heard asking trooper Zachary Harding: ‘Is anybody dead back there?’ 

Higgins claimed he was attempting to pass a slower car,  but the driver moved into the oncoming traffic lane, forcing him back into the original lane, where he then hit the two cyclists.

The defendant previously rejected a 35-year-sentence plea deal and pleaded not guilty to his charges of reckless vehicular homicide and aggravated manslaughter. He faces up to 70 years in prison if found guilty on all counts.

Meanwhile, on Sunday, after winning gold and engraving their names into the history of American sports, the USA men’s hockey team paid a heartfelt tribute to their late teammate. 

The USA team had Gaudreau’s No 13 jersey hanging in their locker room throughout the tournament in Italy and after their 2-1 overtime win against Canada on Sunday, Dylan Larkin and Matthew Tkachuk carried it around the ice.

It was an emotional moment but the team went further, inviting the oldest two of Johnny and Meredith Gaudreau’s three children to join the team in the celebrations.

The USA hockey team remember Gaudreau with his No 13 jersey after winning Olympic gold

Dylan Larkin and Zach Werenski carry Gaudreai’s young children onto the ice after their win

Larkin and Werenski brought three-year-old Noa and two-year-old Johnny Jr on the ice for the team photo, which also included Gaudreau’s jersey.

‘It meant everything,’ said Werenski, who assisted on Jack Hughes’ golden goal in overtime. ‘This is something John would have been at. 

‘And to see his family here supporting us and seeing his kids, bringing them on the ice, we talked about playing for him, making him proud and I think we did that. 

‘Super special to see them and to have his kids on the ice, he was a huge part of USA hockey.’