The man who would have caught up in death the Gaudreau brothers on a New Jersey road last August failed in his attempt to bring down the accusations.
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Sean Higgins, 44, will therefore have to undergo his trial as planned. He faces many accusations, including manslaughter.
Higgins would have fatally struck the Gaudreau who bicycle to Oldmans Township, in New Jersey. They were in the region to attend their sister’s wedding.
The driver had a blood alcohol level of 0.087%, which is just above the legal limit. The man would have drank half a dozen beers before taking the wheel.
However, Higgins and his lawyers had tried to drop the accusations against him, arguing that the Gaudreau brothers both had a blood alcohol level higher than him. According to the defense, this situation made the accusations against him inappropriate.
Tests have revealed that alcohol levels in the blood of Johnny and Matthew were 0.129% and 0.134% respectively, but they did not get the law of the state at the time of the tragic incident.
Last February, Higgins rejected a proposal to agree with the prosecutors and pleaded not guilty to a series of charges, including manslaughter. If he is found guilty, he risks up to 60 years in prison.
The cause will be back before the courts on June 10.