NJ driver’s BAC dispute blocks bid to toss Gaudreau crash case

A New Jersey man, Sean Higgins, facing aggravated manslaughter and reckless vehicular homicide charges for allegedly mowing down NHL star Johnny Gaudreau and his brother while drunk had his bid to dismiss the case denied. Higgins’ lawyers argued the BAC reading of .087 was inflated because a serum test was used instead of whole blood, and that the true BAC could be under .08 (roughly .075). A Salem County judge said BAC disputes are for a jury to decide at trial and left open the possibility of a hearing to challenge the testing method. Higgins, an Army veteran, could face up to 72 years in prison if convicted and is due back in court June 16.