- Defense alleges Gaudreau brothers had blood-alcohol levels exceeding .129
- New Jersey lacks laws prohibiting cycling while intoxicated
- Four witnesses confirm cyclists were properly positioned on road
- Defendant Higgins faces up to 70 years if convicted
Salem County prosecutors have firmly rejected defense attempts to shift blame onto NHL star Johnny Gaudreau and his brother Matthew following their tragic cycling deaths. The legal battle centers on whether the brothers' alleged intoxication should impact vehicular homicide charges against driver Sean Higgins, despite New Jersey's absence of bicycle DUI statutes.
Court documents reveal Higgins' blood-alcohol content measured .087 shortly after the August collision – above New Jersey's .08 limit for drivers. Defense attorneys argue this blood-alcohol differential creates reasonable doubt, though prosecutors counter that cyclist impairment holds no legal relevance under state law. This distinction highlights critical differences in DUI regulations across transportation modes.
Regional legal comparisons show only seven states explicitly prohibit bicycling under the influence. A 2022 Pennsylvania case saw contributory negligence arguments rejected when an intoxicated pedestrian was struck, establishing potential precedent. New Jersey's transportation code emphasizes driver responsibility regardless of others' potential impairment.
Witness testimony uniformly describes the Gaudreaus cycling single-file along Alloway Township's fog line when Higgins' vehicle allegedly swerved around a Ford Bronco. Crash reconstruction experts suggest the brothers had less than two seconds to react before impact. Highway safety data indicates 83% of cycling fatalities occur during daytime hours on rural roads like County Route 540.
The human toll extends beyond legal arguments. Both widows delivered sons months after the crash, with Johnny's wife Meredith welcoming their third child in April. The postponed wedding of the Gaudreaus' sister now serves as a painful milestone for the grieving community.
Higgins' military background and addiction counseling career complicate public perceptions of the case. Defense motions question the reliability of toxicology reports while emphasizing his clean driving record. Prosecutors maintain Higgins' admitted consumption of six beers – including while driving – demonstrates gross negligence.
Industry analysts note this case could influence cycling infrastructure debates statewide. New Jersey Bike Coalition representatives argue the tragedy underscores needs for protected bike lanes on rural routes. Transportation department records show only 14% of Salem County roads have dedicated cycling paths.
As both sides prepare for Tuesday's critical hearing, legal experts predict Judge Silvanio will exclude intoxication arguments. A 2018 appellate decision (State v. Ramirez) established that driver impairment alone satisfies reckless conduct requirements in vehicular homicide cases, regardless of victim behavior.
