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Defense Seeks Dismissal in Gaudreau Brothers Case, Citing New BAC Analysis

Prosecutors are consulting experts on the plasma-versus-blood dispute ahead of an April 14 hearing.

Overview

  • The defense says the original test measured plasma rather than whole blood and an expert pegs Sean Higgins’ BAC at 0.075, below New Jersey’s 0.08 limit.
  • Prosecutors maintain a 0.087 BAC and cite body-camera footage of Higgins admitting to five or six beers, failed field tests, and witnesses reporting speeding and an illegal pass.
  • The judge made no ruling and indicated the state could seek a new indictment if it ultimately agrees with the defense’s BAC findings.
  • Higgins’ lawyers submitted a counter plea offer after previously rejecting a 35-year deal, and negotiations remain active.
  • Higgins is charged with aggravated manslaughter and reckless vehicular homicide, faces up to 70 years if convicted, and is due back in court April 14 as the case draws heightened attention following Olympic tributes to the Gaudreau family.