A New Jersey judge has denied a second attempt to dismiss charges against Sean Higgins, the man accused of killing NHL star Johnny Gaudreau and his brother Matthew in a 2024 drunk-driving crash.

Superior Court Judge Michael Silvanio made the ruling Monday during a pretrial hearing in Salem County, rejecting the defense’s argument that prosecutors misled the grand jury about Higgins’ blood alcohol content.

Prosecutors say Higgins had a BAC of 0.087%, above New Jersey’s 0.08% legal limit, while a defense expert claimed the correct level was 0.075% based on whole-blood testing rather than serum testing.

Higgins faces multiple charges, including two counts each of reckless vehicular homicide and aggravated manslaughter, as well as evidence tampering and leaving the scene of a fatal accident. He has admitted to police he drank “five or six” beers before the crash.

If convicted on all counts, he faces up to 70 years in prison. Higgins remains in custody; the next pretrial hearing is scheduled for June 16.