Judge doubles down on alleged drunk driver in Gaudreau case

After nearly two hours of arguments in court today, New Jersey Superior Court Judge Michael Silvanio has ruled against alleged drunk driver Sean Higgins in the high profile Johnny/Matthew Gaudreau case.

Higgins, of course, has plead Not Guilty to six charges resulting in the deaths of Johnny and Matthew Gaudreau.

Higgins' lawyers argued that the Gaudreau brothers were partially responsible for their own deaths as they cycled late at night and with a blood alcohol content (BAC) level above .08.

"There's no credence in the argument there was contributory negligence on the part of the cyclists," Judge Silvanio said.

"To say that their BACs may have contributed to the cause of death is a reach to say the least," assistant prosecutor Michael Mestern argued.

Had Higgins' lawyers convinced the Judge that the Gaudreau's were responsible for their own deaths there's a chance that the charges of manslaughter and vehicular homicide could have been dropped. In effect, the Judge refused to throw out those indictments.

Other drivers have testified that the brothers were seen riding safely on the side of the road and were not in traffic at all. 

"There are four witnesses that witnessed the defendant speeding and illegally passing the Bronco on the right when he struck the brothers. The witnesses also saw the brothers riding single file, with the flow of traffic, on the fog line just prior to being struck by the defendant," Mestern wrote in a memo this month.

Matthew and Johnny Gaudreau were both killed after Higgins allegedly struck them down with his Jeep Grand Cherokee. The brothers were cycling on Country Route 551 in Oldmans Township, NJ when Higgins allegedly made an illegal pass and hit the brothers who were on the right side of the road.

Higgins failed a sobriety test from police and admitted to drinking "five or six beers" prior to the crash. Higgins was arrested on site and has been housed at the Salem County Correctional Facility since his arrest in August.