Driver Charged in Hockey Star Deaths Was Below Legal Alcohol Limit, Defence Claims
Legal representatives for Sean Higgins, the man accused of causing the deaths of NHL star Johnny Gaudreau and his brother Matthew in an alleged drink-driving incident, have asserted that his blood alcohol concentration was below New Jersey's legal limit at the time of the fatal collision. The brothers, aged 31 and 29 respectively, were cycling in Oldmans Township on August 29, 2024, when they were struck by Higgins's vehicle as he attempted to overtake other cars.
Blood Test Dispute Forms Core of Defence Argument
During a recent court appearance in South Jersey, Higgins's legal team contested the initial sobriety test results, arguing that the blood analysis examined only plasma rather than whole blood. They claim the test indicated a level of .087 percent, but allege the accurate figure is .075 percent, which falls just under the state's legal threshold of .08 percent. Consequently, the defence has formally requested that prosecutors present what they describe as the correct blood alcohol level and have moved for the case's dismissal.
Simultaneously, Higgins's lawyers have presented a plea deal to the state, though specific terms remain undisclosed. The next hearing in this high-profile case is scheduled for April 14, where these motions will be further addressed.
Body Camera Footage Reveals Driver's Admission
Authorities have released body camera footage from the arrest scene, obtained by CBS News Philadelphia, in which an officer questions Higgins about his alcohol consumption. When asked how many drinks he had consumed since noon, Higgins replied, "Since noon today, like, five or six." He clarified that these were beers during the exchange. Following standard field sobriety tests, including eye-tracking and heel-to-toe walking, Higgins struggled during a counting exercise, pausing at 1006 and expressing confusion, stating, "I'm sorry, I'm just freaked out. Like, what am I supposed to be doing again?"
Legal Nuances of DUI Charges Explained
According to the New Jersey-based Law Offices of Jonathan F. Marshall, motorists can still face driving under the influence charges even if their blood alcohol level is below the legal limit, provided authorities believe their driving ability was impaired. The National Institute on Alcohol Abuse and Alcoholism defines one standard drink as containing 0.6 fluid ounces of pure alcohol, equivalent to a 12-ounce beer, a five-ounce glass of wine, or a 1.5-ounce shot of spirits.
The institute warns that consuming five drinks for a man or four for a woman over two hours typically exceeds the limit, though individual factors like age, sex, body type, and metabolism significantly influence intoxication levels. BAC Track experts emphasise that impairment begins with the first drink, advising against any alcohol consumption before driving.
Details of the Fatal Collision Emerge
Court documents reviewed by NBC Philadelphia detail the events leading to the tragedy. The Gaudreau brothers were riding bicycles northbound on County Route 551 when Higgins, also travelling north, entered the southbound lane to pass two vehicles. An SUV ahead moved toward the road's centre to safely overtake the cyclists, at which point Higgins attempted to pass the SUV and allegedly struck the brothers.
Higgins currently faces multiple charges, including aggravated manslaughter and reckless vehicular homicide. Johnny Gaudreau, nicknamed "Johnny Hockey," enjoyed an illustrious 11-season NHL career with the Columbus Blue Jackets and Calgary Flames, earning seven All-Star selections and representing Team USA internationally. Matthew Gaudreau was also an accomplished hockey player.
In a poignant tribute, the Team USA men's ice hockey team honoured both brothers at the Winter Olympics 2026, displaying jerseys with their numbers after securing the gold medal, commemorating their legacy in the sport.



