Beloved hockey star Johnny Gaudreau’s accused drunk driver killer claims he wasn’t drunk when he fatally struck the would-be Team USA forward and his brother — and wants the entire case against him thrown out.

A lawyer for Sean Higgins — who is accused of fatally mowing down Gaudreau, 31, and his brother Matthew, 29, in New Jersey in 2024 — claimed in court Tuesday that their expert determined Higgins’ blood alcohol content (BAC) was .075, which is below the legal limit of .08.

Higgins, the 45-year-old Pilesgrove, NJ man who admitted to drinking that day, wants all the charges against him dismissed and prosecutors to get a new indictment from a grand jury.

Sean Higgins.

Sean Higgins claims he wasn’t over the legal alcohol limit when he fatally mowed down NHL star Johnny Gaudreau and his brother.

Sean Higgins’ lawyer claimed his blood alcohol concentration was actually below the legal limit when he fatally mowed down NHL star Johnny Gaudreau and his brother.

Higgins’ legal maneuver came just two days after the wrap of the 2026 Winter Olympics — which Gaudreau would’ve competed in as part of the US men’s hockey team, if not for his untimely death. The squad went on to clinch gold against Canada on Sunday.

Gaudreau — who played in the NHL for 11 seasons — was honored by the men’s team during their post-win celebrations. The late hockey player’s family was invited to attend the semifinals in Milan to watch the game between the US and Slovakia.

At Tuesday’s hearing held over video, defense attorney Richard Klineburger informed Salem County Superior Court Judge Michael Silvanio of the new development following his expert’s findings.

Johnny Gaudreau.

Johnny Gaudreau’s memory loomed at the 2026 Winter Olympics as he’d been expected to make the US men’s hockey team, which won gold.
@meredithgaudreau_/Instagram
“It seems that it was plasma that was tested, not whole blood,” Klineburger said. “Based upon our expert report, that brings the actual BAC reading down to .075.”

Prosecutors claimed Higgins’ BAC was .087.

Klineburger said the alleged discrepancy may have “impacted the grand jury” on its decision to indict Higgins on all the counts in the case, including first-degree aggravated manslaughter, reckless vehicular homicide, leaving the scene of a fatal accident and tampering with physical evidence.

He faces up to 70 years behind bars if convicted on all counts.

Matthew Gaudreau

Matthew Gaudreau, also a hockey player, was killed in the incident as well.

Three US Olympic ice hockey players celebrating their gold medal win, with one draped in an American flag and another holding up a jersey with the name "GAUDREAU" and number "13".

Auston Matthews, Zach Werenski and Matthew Tkachuk of Team United States celebrate winning gold with Johnny Gaudreau’s jersey after the team’s 2-1 overtime victory in during the men’s match against Canada.
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“It taints it,” Klineburger said of the indictment.

Prosecutor Michael Mestern said he needed time to run the findings by his own experts and investigators.

The judge said if prosecutors ulitmately conceded Higgins’ new claims, then Mestern would be allowed to try to get a new indictment against Higgins.

Klineburger also revealed that he turned over counter plea offer in response to prosecutors’ prior deal of 35 years behind bars. The judge encouraged both sides to engage in talks and said he’d help facilitate that if needed.

Zoom court hearing.

Sean Higgins wants the entire indictment against him dismissed based on the new information.
Law&Crime Trials/YouTube
Higgins is due back in court on April 14, when Mestern is expected to reveal whether his office agrees with the new BAC findings and where things stand with plea negotiations.

Higgins lost a prior bid to get the charges against him reduced or dropped on the grounds the Gaudreau brothers were drunker then he was, contributing to the accident.

The siblings — both married dads — had been riding their bikes single-file on the shoulder of a road in Oldsmans Township when Higgins struck them on Aug. 29, 2024.

Another car slowed down to watch the two cyclists but Higgins decided to pass that car and hit the brothers in the process. He pulled over a quarter mile down the road where cops found him.

He allegedly told officers he had five or six drinks.

The brothers were in town for their sister’s wedding which was scheduled for the following day.