Hockey star Johnny Gaudreau and his brother were significantly more drunk than the driver who fatally struck them on their bikes in New Jersey last year, shocking new evidence has revealed. Sean M. Higgins, 44, of Woodstown, pleaded not guilty earlier this month after he allegedly struck and killed NHL player Johnny Gandreau, 31, and Matthew R. Gaudreau, 29, while intoxicated as they rode their bikes along a rural roadway in Salem County in August.

Weeks after pleading not guilty, Higgins' attorneys are planning to ask a judge to dismiss his indictment. In the bombshell new court filing, testing done as part of the investigation revealed Johnny's blood alcohol concentration to be 0.129 percent and Matthew's to be 0.134 percent, NJ.com reported. Both numbers are higher than Higgins' blood alcohol concentration of 0.087 percent, which is above the legal limit of 0.08 percent.

'We believe these filings are essential to ensuring that our client's Constitutional rights are protected and that he is not being treated unfairly based upon the amount of publicity being garnered,' Higgins' attorneys, Richard F. Klineburger III and Matthew V. Portella, said in a statement. Higgins' lawyers did not claim that the brothers' blood alcohol levels played a role in the deadly crash. Additionally, the filing did not say that they were breaking the law.

Instead, the motion asks for more information about how the blood alcohol levels for both Higgins and the Gaudreau brothers were collected during the investigation, along with any other records related to the testing conducted on the samples. New evidence reveals that hockey star Johnny Gaudreau (right) and his brother, Matthew (left), were more drunk than the driver who fatally mowed the pair down while they were riding bikes near their childhood home in New Jersey in August 2024.

Defense lawyers for Sean M. Higgins, 44, who pleaded not guilty last month, are now planning to ask a judge to dismiss his indictment. On August 29, Johnny and Matthew were killed while riding bicycles at night near their childhood home in South Jersey on the eve of their sister's wedding. The new court filing is the first to state that both Johnny and Matthew were drinking alcohol before the crash. 'There is no legal limit for alcohol on a bike,' attorney Rachel Kugel, who is not involved in the case but has expertise in driving while intoxicated laws in New Jersey, told NJ.com.

'It's a non-motorized vehicle operated by human muscular power, and, therefore, not covered under the DWI laws.'. On August 29, Johnny and Matthew were killed while riding bicycles at night near their childhood home in South Jersey on the eve of their sister's wedding. They were pronounced dead at the scene. Authorities say Higgins was impaired after he drank five or six beers on the day he struck the brothers' bicycles, and that he has a history of road rage and aggressive driving.

A driver in front of Higgins also told police that he had been driving aggressively. When she and another driver slowed down and moved to the left to go around the cyclists, Higgins sped up and veered right before striking the brothers, she said. Higgins told officers that on the day of his arrest, he had been driving around for two hours while talking to a friend on the phone after having an upsetting conversation with his mother.

Defense lawyer Matthew Portella called Higgins a loving father and a good person who 'made a horrible decision that night.'. Higgins appeared briefly in court last month, where he entered a formal plea of not guilty to the indictment after turning down a prosecution offer of 35 years in prison. The new court filing revealed Johnny's alcohol level to be 0.129 percent and Matthew's to be 0.134 percent - both of which are higher than Higgins' level of 0.087 percent, which is still above the legal limit of 0.08 percent.

The defense argued that the 35-year plea offer Higgins had previously turned down in December was much higher than what has been offered in other cases, citing how it was only offered because of the notoriety of the Gaudreau family. In December, Higgins was indicted on charges that included two counts each of aggravated manslaughter and vehicular homicide, along with evidence tampering and leaving the scene of an accident.

Higgins appeared briefly in court last month, when he entered a formal plea of not guilty to the indictment after turning down a prosecution offer of 35 years in prison. On Tuesday, Higgins appeared in court yet again for a hearing in which Superior Court Judge Michael Silvanio set deadlines for filing any pre-trial motions, NJ.com reported. The defense is planning to file a motion attempting to dismiss December's indictment, arguing that the grand jury was not presented evidence that could have supported Higgins' innocence.

Additionally, the defense requested records on other plea offers involving reckless vehicular homicide and aggravated manslaughter cases in the county, according to a separate court filing. The defense argued that the 35-year plea offer Higgins previously turned down was much higher than what has been offered in other cases, citing how it was only offered because of the notoriety of the Gaudreau family.