Accused Driver in Gaudreau Brothers Crash Concedes Alcohol Level Exceeded Legal Limit but Turns Down Reduced Sentence Offer

More than two years after NHL star Johnny Gaudreau and his brother Matthew were killed while cycling in New Jersey, the driver charged in their deaths made a notable concession in court regarding his blood-alcohol level. Despite acknowledging that he was over the legal limit at the time of the crash, Sean Higgins rejected a plea agreement that would have significantly shortened his potential prison term.

On August 29, 2024, the Gaudreau brothers were riding bicycles along a road in Oldmans Township after attending their sister’s wedding rehearsal dinner. The wedding was scheduled for the following day. According to authorities, Higgins, then 43 and now 45, struck both men with his black Jeep Grand Cherokee. Both brothers, who were married fathers, died from their injuries. Johnny Gaudreau was a well-known forward who had played for the Calgary Flames and Columbus Blue Jackets; Matthew had also competed in hockey at the college level.

Higgins faces multiple serious charges, including reckless vehicular homicide and aggravated manslaughter. Prosecutors have long maintained that his blood-alcohol concentration was .087 percent, above New Jersey’s legal driving limit of .08 percent. The defense had previously challenged those results, arguing that the official testing method—using blood plasma rather than whole blood—produced an inaccurate reading and that the true level was only .075 percent, which would have placed him just under the legal threshold.

During a court hearing on Monday, October 19, 2026, defense attorney Richard Klineburger informed the court of a change. An independent laboratory test of a separate, untainted blood sample arranged by the defense returned a result of .08 percent. Klineburger noted that this figure, while confirming Higgins was at or slightly above the legal limit, remained lower than the prosecution’s claimed .087 percent. The admission marked a clear shift from the defense’s earlier position.

Even after this concession, Higgins declined the prosecution’s final plea offer. Under the proposed deal, he would have pleaded guilty to two counts of aggravated manslaughter and one count of a first-offense driving-while-intoxicated charge in exchange for a 28-year prison sentence. Salem County Superior Court Judge Michael Silvanio advised Higgins that if the case proceeds to trial and he is convicted on the existing charges, he faces a maximum sentence of 91.5 years and would not become eligible for parole until after serving 68 years.

The judge further explained that any future decision to plead guilty would be treated as an open plea, meaning there would be no binding commitment from prosecutors to a lighter term. When the judge asked Higgins a series of questions to confirm he understood the consequences of rejecting the offer, the defendant repeatedly answered, “Yes, sir.”

Additional materials presented in court filings that same day included newly released pH๏τographs of the crash scene. The images show the severely damaged bicycles the brothers were riding and the crumpled front end of Higgins’ Jeep. Defense attorneys also submitted schematics mapping the positions of the vehicle and the cyclists before and after the collision; they contend these diagrams raise questions about whether the driving could be classified as reckless.

Jury selection is scheduled to begin on December 1, 2026, with opening statements expected in early January 2027. Higgins remains free on bail while the case moves toward trial.

The development represents one of the more significant pretrial moments in a case that has drawn national attention since the summer of 2024. The Gaudreau family and the broader hockey community continue to follow the proceedings closely as the matter approaches its third year.

Sources : New York Post