BAC of Gaudreau brothers at time of fatal crash with alleged drunk driver ‘irrelevant’: NJ prosecutors

The blood alcohol levels of slain hockey star Johnny Gaudreau and his brother Matthew when they were fatally mowed down while riding their bikes should be barred from the trial of the alleged drunk driver who hit them, New Jersey prosecutors argued in a newly revealed filing.

The toxicology reports of the Gaudreau siblings are “irrelevant” in the case against Sean Higgins, who is facing aggravated manslaughter and related charges in the Aug. 29 crash, the Salem County Prosecutor’s Office said in a court filing submitted April 3 and made public Wednesday.

Tests showed both brothers were legally drunk at the time of their deaths, with Johnny’s blood alcohol content at 0.129% while Matthew was 0.134%, according to previous legal filings by Higgins’ defense lawyers.

But assistant prosecutor Michael Mestern insisted that how much the brothers had to drink didn’t matter because they were following the rules of the road when they were plowed into by Higgins’ Jeep.

“There is no evidence here that would suggest that Matthew and John’s actions contributed to the collision,” states the legal filing obtained by The Post. “They were riding single file on the fog line, out of the lane of travel.”

Meanwhile, Mestern said “multiple” witnesses told police that Higgins’ “actions and his actions alone” led to the fatal crash.

Prosecutors also argued no amount of light on the bikes of the victims would have prevented the crash because Higgins’ driving was “so egregious.”

Higgins, 44, was also legally drunk with a blood alcohol level of 0.087 – just over the legal limit, authorities previously said.

The alleged drunk driver hit the Gaudreaus as they were cycling along a rural road a day before their sister’s wedding in the Garden State.

Higgins, who was “freaked out” when police found him about 1,500 feet from the crash site pacing back and forth, later admitted he was trying to pass the car in front of him on the right after initially denying that, the new court filing states.

He allegedly said he never saw the pair before running into them.

Higgins said he drank five or six beers, including two in the car, before going to Taco Bell around 6 p.m. and then heading home, prosecutors alleged in the filing.

Witnesses claimed he was halfway off the road and on some grass before hitting Johnny, 31, who played for the Columbus Blue Jackets, and Matthew, who was 29.

Higgins’ legal team argued Wednesday the motion to keep the brothers’ BAC out of court is “premature” because further evidence needs to be exchanged and rulings still need to be considered.

“Additionally, without disclosing any possible Trial strategy, the blood alcohol content of Matthew and John Gaudreau may be relevant as to any expert testimony accident reconstruction as well as possibly any reports from the medical examiner hired by the Defendants,” lawyers Richard Klineburger and Matthew Portella wrote.

Higgins could spend decades in prison if found guilty on the charges.