Sean Higgins Johnny Gaudreau Case: Defense Seeks Dismissal as BAC Dispute Reshapes Court Fight

The criminal case tied to the deaths of NHL star Johnny Gaudreau and his brother Matthew has entered a volatile new phase after Sean Higgins asked a New Jersey judge to throw out key charges, arguing prosecutors relied on an inflated blood-alcohol reading. The filings and recent hearing have intensified attention on how alcohol testing is presented to grand juries, and whether a narrow difference in laboratory methodology could alter the trajectory of one of the most closely watched traffic homicide cases in the US.

The Gaudreau brothers were killed on Aug. 29, 2024, while cycling in Salem County, New Jersey, on the eve of their sister’s wedding. Higgins faces multiple felony counts that collectively carry decades of potential prison time if he is convicted.

Sean Higgins Johnny Gaudreau: The Motion That Could Change the Case

Defense attorneys for Sean Higgins are pushing to dismiss parts of the indictment, contending the state overstated his blood-alcohol concentration (BAC) by using a plasma-based measurement rather than a whole-blood result. The defense position is straightforward: the figure presented as evidence of legal intoxication should be re-evaluated, and the charging decision should be reconsidered.

The filing also raises a procedural challenge, asserting that the grand jury process was tainted if it was given a BAC number that did not reflect the legally relevant measurement. Prosecutors have signaled they are reviewing the defense submission, setting up a legal clash over scientific interpretation as much as driver behavior.

The BAC Dispute: 0.087 vs 0.075 and Why the Difference Matters

At the center of the argument is a disputed BAC:

• Prosecutors previously cited a BAC of 0.087, above New Jersey’s 0.08 per se legal limit.

• The defense asserts the accurate figure is 0.075, below the per se threshold, based on an expert’s interpretation of test methodology.

The legal and practical stakes are high. A per se BAC above the limit can simplify the state’s narrative of intoxication. A BAC below 0.08 does not automatically end a case, but it can shift the emphasis toward impairment evidence, driving conduct, field sobriety performance, and post-crash actions.

Courts routinely see disputes over toxicology, but this one is unusually consequential because the BAC number sits near the statutory line. The judge will now have to weigh whether the scientific dispute affects probable cause for the most severe counts, and whether any error rises to the level that warrants dismissal or a re-presentment to a grand jury.

Charges and Timeline: What Sean Higgins Is Facing Now

Higgins has been charged with serious offenses connected to the crash, including counts that prosecutors say reflect recklessness and the severity of the outcome. The defense move targets the foundation of the indictment rather than only the facts of the collision.

Key case milestones (ET):

Defense lawyers also indicated a plea-related counterproposal was delivered to the state, though the terms have not been made public. That combination—seeking dismissal while also discussing resolution—signals a two-track strategy: pressure the prosecution’s strongest leverage while keeping options open.

Beyond the Lab Numbers: What the Court Will Still Examine

Even if the defense persuades the court that the BAC should be treated as below the per se limit, the case does not automatically collapse. Prosecutors can still pursue charges if they believe evidence supports impairment or reckless driving. The court will likely focus on:

• How Higgins drove in the moments leading up to impact

• Whether drivers ahead were slowing and how passing maneuvers unfolded

• Any roadside observations and sobriety testing

• Actions after the collision, including the state’s claims tied to leaving the scene and evidence-related allegations

In cases involving fatal crashes, juries often weigh the totality of conduct rather than a single measurement. Still, a credible attack on the BAC figure can reshape negotiations, influence charging decisions, and complicate how prosecutors explain intent and recklessness.

The Larger Impact: Why the Johnny Gaudreau Case Still Resonates

Johnny Gaudreau’s death continues to reverberate well beyond New Jersey, particularly after recent public tributes during international hockey events elevated his legacy for fans in the US, Canada, the UK, and Australia. That attention creates an unusually intense spotlight on routine legal steps—motions, lab debates, scheduling orders—that rarely break into mainstream conversation.

For now, the case stands at a hinge point. The judge’s response to the BAC-based dismissal request will shape whether prosecutors proceed under the current indictment, revise their approach, or fight to preserve the most serious counts as the matter heads toward the April 14, 2026 pre-trial conference in ET.