A motion to dismiss charges against the driver accused of killing NHL star Johnny Gaudreau and his brother, Matthew, was denied in Salem County (N.J.) court on Monday afternoon.

Attorneys for the accused, Sean M. Higgins, argued that some, if not all, of the grand jury indictment should be dismissed because the prosecution presented “misleading” blood alcohol evidence to the grand jury, which indicted Higgins in December 2024.

Prosecutors have said that Higgins’ blood alcohol level was 0.087 percent, which is above the legal limit for driving, when he allegedly hit and killed the Gaudreau brothers as they rode their bicycles near their childhood home in New Jersey on Aug. 29, 2024.

In February, however, the defense revealed that, according to their expert’s review of the toxicology report, Higgins’ BAC was actually 0.075 percent, which is below the legal limit. The defense has argued that, instead of testing a whole blood sample from Higgins, a sample of his blood serum was used, which led to a higher BAC.

“The grand jury was never given a fair opportunity to evaluate whether the Defendant’s alcohol level actually satisfied the statutory threshold or supported an inference of recklessness,” the defense wrote in a brief last month. “Instead, it was presented with a scientifically inflated number.”

Higgins, 45, is currently facing two counts of first-degree aggravated manslaughter, two counts of second-degree reckless vehicular homicide, one count each of tampering with physical evidence (fourth degree) and leaving the scene of a fatal accident (second degree).

The aggravated manslaughter charges are the most serious, and could result in a lengthy prison sentence if Higgins is convicted, with a maximum of 30 years for each count. Aggravated manslaughter also requires proof that an accused person acted with recklessness under circumstances manifesting extreme indifference to human life.

In their April court filing, the defense requested that at least the manslaughter charges be dismissed — if not the entire six-count indictment.

In response, the prosecution stood by their evidence, writing in an April court filing that “it is only one chemist’s opinion attacking the credibility of one piece of the State’s evidence in this matter.” The prosecution also said that Higgins’s BAC level is “but one of many ways the State will establish the defendant’s reckless conduct on the day in question and how it amounted to an extreme indifference to human life.”

According to the prosecution’s filing, there are several witness statements regarding Higgins’ reckless driving on the night of the crash and that Johnny and Matthew were not riding their bicycles in the lane of travel when they were hit and killed. The State also said the fact that Higgins did not stop to assist Johnny and Matthew after hitting them with his SUV “could be enough, alone, to determine the defendant’s actions amounted to an extreme indifference to human life.” Court filings have alleged that Higgins was found about a quarter of a mile away from the crash site.

Speaking in court on Monday, assistant prosecutor Michael Mestern said “there was no misleading or misdirection” by the State in presenting the case to the grand jury and “no basis to dismiss this indictment.”

After hearing arguments from Mestern and the defense, Superior Court Judge Michael Silvanio concluded there was no basis to dismiss the charges against Higgins.

“The evidence presented to the grand jury was adequate,” he said. “There is no basis at this time to ask the state to represent, nor is there any basis to grant the motion to suppress.”

Higgins is due back in court for a pretrial conference on June 16.