There's been a new update in the Sean Higgins trial. 

The alleged drunk driver that took the lives of Johnny and Matthew Gaudreau wants his indictment dismissed.

Per NJ.com, Sean Higgins argues that Johnny and Matthew were intoxicated while they were riding their bikes, which is not new information. But now, Higgins and his attorneys say that this information was withheld by prosecutors at his indictment hearing. This new filing happened last week. 

His defense attorneys argue that the indictment should be thrown out because New Jersey failed to tell the grand jury about “contributory negligence” by Johnny and Matthew in their deaths. Contributory negligence is defined as “a legal defense that can reduce or eliminate a defendant's liability if a plaintiff was also at fault for their injuries.” It’s a common defense.

Columbus Blue Jackets (70 pts) vs. New Jersey Devils (74 pts) Game Preview The Columbus Blue Jackets and New Jersey Devils will play for the second time this season, and they will also play next Monday.

Higgins also says that because the Gaudreau Brothers had a BAC higher than his, the case should be tossed. Higgins' attorneys said in court filings that their intention is not to take any of the responsibility off of him.

His attorneys wrote: "This is clearly not an argument that simply because the cyclists were intoxicated that it somehow exonerates Mr. Higgins by way of an affirmative defense and the indictment should be dismissed with prejudice”

"Rather, in an effort to ensure that a matter of this magnitude where the state is making a plea offer where they are requesting five times the state prison sentence of others similarly charged, there is a heightened need for transparency throughout the proceedings from start to finish."

Through all the court hearings, no evidence has been brought up that says the Gaudreau Brothers were breaking any traffic laws while riding their bikes, and according to witnesses, they were not riding their bikes on the road.

Higgins rejected a 35-year prison term offered by the state back in January. His attorneys argue that because of the celebrity status of the Gaudreau family, his plea deal was much higher than similar cases in the area.

Higgins admitted to drinking before getting into his vehicle and also had beers while driving his SUV around. As he tried to pass another SUV, he struck the brothers who were riding single-file on the grass shoulder. Witnesses say Higgins did drive his car partially into the grass while trying to pass the other vehicle.

Higgins returns to court in April.

What's Next? The Columbus Blue Jackets play the New Jersey Devils tonight in Jersey.

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