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.
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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.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Players of Team United States pose for photographs during the medal ceremony following the Men’s Gold Medal match between Canada and the United States on day 16 of the Milano Cortina 2026 Winter Olympic games at Milano Santagiulia Ice Hockey Arena on Feb. 22, 2026 in Milan, Italy.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Players of Team United States pose for photographs during the medal ceremony following the Men’s Gold Medal match between Canada and the United States on day 16 of the Milano Cortina 2026 Winter Olympic games at Milano Santagiulia Ice Hockey Arena on Feb. 22, 2026 in Milan, Italy.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
The family of the late Johnny Gaudreau celebrate after the Men’s Gold Medal match between Canada and the United States on day 16 of the Milano Cortina 2026 Winter Olympic games at Milano Santagiulia Ice Hockey Arena on Feb. 22, 2026 in Milan, Italy.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Brady Tkachuk (7) of the United States and Zach Werenski (8) of the United States hold the jersey of Johnny Gaudreau after defeating Canada in the men’s ice hockey gold medal game during the Milano Cortina 2026 Olympic Winter Games at Milano Santagiulia Ice Hockey Arena.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Matthew Tkachuk of the United States celebrates while holding Noa Gaudreau, the daughter of the late Johnny Gaudreau after winning the men’s ice hockey gold medal game during the Milano Cortina 2026 Olympic Winter Games at Milano Santagiulia Ice Hockey Arena.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
(L-R) Jeremy Swayman #1, Jackson LaCombe #2, Brady Tkachuk #7 and Zach Werenski #8 of Team United States hold the shirt of late Johnny Gaudreau while participating in the national anthem during the medal ceremony following the Men’s Gold Medal match between Canada and the United States on day 16 of the Milano Cortina 2026 Winter Olympic games at Milano Santagiulia Ice Hockey Arena on Feb. 22, 2026 in Milan, Italy.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Gold medallist Jaccob Slavin of United States celebrates with Johnny Edward Gaudreau, the son of the late John Gaudreau as Matthew Tkachuk of United States films during the victory ceremony.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Auston Matthews, Zach Werenski and Matthew Tkachuk of United States hold up the jersey of the late John Gaudreau after United States win gold in overtime.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Guy Gaudreau walks in the stands after the United States won against Canada in the men’s ice hockey gold medal game during the Milano Cortina 2026 Olympic Winter Games at Milano Santagiulia Ice Hockey Arena.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
Gold medallist Zach Werenski of United States celebrates with Noa Harper Gaudreau the daughter of the late John Gaudreau during the victory ceremony.
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See Team USA honor late Johnny Gaudreau after gold-medal victory over Canada
US team members stand with the jersey number 13 of late US ice hockey player Johnny Gaudreau the medal ceremony after winning the men’s gold medal ice hockey match between Canada and USA at the Milano Santagiulia Ice Hockey Arena during the Milano Cortina 2026 Winter Olympic Games in Milan, on Feb. 22, 2026. Gaudreau and his brother Matthew died in August 2024 after they were struck by an alleged drunk driver in New Jersey.
It is the latest in a string of pretrial defeats for the defense. New Jersey Superior Court Judge Michael Silvano has already denied motions to suppress evidence from Higgins’ vehicle, ruled his statements to police we lawfully obtained and rejected the arguments that the Gaudreau brothers’ own drinking contributed to their deaths. An appellate judge also denied a motion to appeal the Miranda ruling in January.
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Higgins, who was employed at a nonprofit drug and alcohol treatment center at the time of the crash, rejected a plea that would have resulted in a 35-year prison sentence. He faces up to 70 years if convicted on all counts, which include two counts each of reckless vehicular homicide and aggravated manslaughter, along with evidence tampering and leaving the scene of a fatal accident.
Johnny and Matthew Gaudreau were riding their bikes in Oldmans Township, New Jersey on the evening of Aug. 29, 2024. It was the eve of their sister’s wedding when Higgins struck them while attempting to pass slower-moving vehicles. Both died at the scene.
Johnny Gaudreau, 31, known as “Johnny Hockey,” made seven NHL All-Star teams during his career with the Calgary Flames and Columbus Blue Jackets. Matthew Gaudreau, 29, played hockey at Boston College and was working as a high school hockey coach. Both left behind wives and children. The Gaudreau family attended Team USA’s gold medal hockey game at the Milan Olympics in February to honor the brothers.
This article originally appeared on USA TODAY: Judge denies defense motion in trial over Gaudreau brothers’ deaths
