Defense attorneys say that the Gaudreau brothers were drunk at time of fatal crash last August and filed a motion to dismiss the case.

The NHL star had a 0.129% blood-alcohol content when he was struck and killed, allegedly by Sean Higgins, who blew at 0.087% BAC, defense lawyers said.

Sean Higgins is seeking to have his charges dropped in new court documents filed on Tuesday.

Sean Higgins is a name that will, by necessity, mark the history of the NHL. It is the name of the man who is accused of having killed Johnny and Matthew Gaudreau last summer. He has spent the last few months defending himself,

In a new court filing, attorneys for Sean M. Higgins — the driver who hit and killed NHL star Johnny Gaudreau and his brother, Matthew Gaudreau, in New Jersey — alleged that the brothers were also drunk at the time of the fatal Aug.

The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey last year is fighting to have his indictment tossed — while alleging that the bicycling brothers were both drunker than him at the time of the deadly hit-and-run,