Overview
- Judge Michael Silvanio denied the defense bid to dismiss on Monday, saying any dispute over the blood alcohol test should be handled in pretrial motions and, if needed, at trial.
- The defense argues the hospital tested the liquid part of the blood, called serum, which can read about 16% higher than whole blood and would put Higgins at roughly 0.075%.
- Prosecutors counter that grand jurors were told it was a serum sample and say they also have witnesses who described erratic driving and an attempted departure, along with Higgins’ admission that he had been drinking.
- Higgins’ lawyers plan to seek suppression of the blood evidence, with the hearing and the next pretrial date scheduled for June 16.
- Higgins, 45, remains indicted on two counts each of reckless vehicular homicide, aggravated manslaughter, evidence tampering and leaving the scene, which together could carry up to 70 years in prison.