SALEM, N.J. (WPVI) -- A court date has been set for a judge to decide whether some charges against Sean Higgins, the driver who allegedly killed the Gaudreau brothers, should be thrown out.
In a new court filing, prosecutors say Sean Higgins' attorneys are "grasping at proverbial straws" to try and have the case thrown out.
Higgins' attorneys filed a brief on April 14. They argue his blood alcohol was not properly tested, and are asking that at a minimum, the aggravated manslaughter charges against him be dismissed.
The Gaudreau brothers were struck and killed while riding their bicycles in Salem County in August of 2024.
The hearing on whether the charge will be thrown out is scheduled for May 11.