Defendant in Gaudreau Case Seeks Dismissal of Charges

Attorneys argue blood alcohol test was flawed, defendant was not legally drunk

Feb. 26, 2026 at 3:25am

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The defendant charged with killing NHL star Johnny Gaudreau and his brother in a 2024 drunk driving incident is asking a judge to throw out some of the charges, contending the blood alcohol testing was flawed and he was not legally drunk at the time of the crash.

Why it matters

This case has drawn significant public attention due to the tragic deaths of the Gaudreau brothers, who were rising stars in the hockey world. The outcome of this motion to dismiss charges could have major implications for the defendant's potential prison sentence if convicted.

The details

Defense attorney Richard F. Klineburger argued that because the blood alcohol testing was done on the defendant Sean Higgins' plasma, not his blood, it resulted in a higher BAC level than the legal limit. The defense claims Higgins' actual BAC was 0.075%, below the legal limit, based on their expert's analysis. However, the prosecution contends Higgins' BAC was 0.087%, just above the legal limit.

  • The incident occurred in August 2024 near the Gaudreau brothers' parents' home in New Jersey.
  • The motion to dismiss charges was heard on Tuesday before Salem County Superior Court Judge Michael Silvanio.

The players

Sean Higgins

The defendant charged with killing NHL star Johnny Gaudreau and his brother in a drunk driving incident.

Richard F. Klineburger

The defense attorney representing Sean Higgins.

Johnny Gaudreau

The 31-year-old NHL star who was killed in the incident.

Matthew Gaudreau

The 29-year-old brother of Johnny Gaudreau who was also killed in the incident.

Michael Silvanio

The Salem County Superior Court Judge presiding over the case.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.