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How botched blood alcohol test in Johnny Gaudreau case could be a huge problem for prosecutors

New York Post·Priscilla DeGregory·30 days ago
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Prosecutors appear to have botched the blood-alcohol test for the New Jersey man accused of drunkenly mowing down NHL star Johnny Gaudreau and his brother, experts told The Post. Sean Higgins wants the criminal charges against him tossed on the grounds a bad blood-alcohol content (BAC) test wrongly pegged him at .087 — above the legal limit of .08 — when he was actually at .075, his lawyer claimed. New Jersey legal experts said there is merit to Higgins’ arguments that the blood test is likely to be a major factor at trial. The prosecution of Sean Higgins messed up his blood-alcohol test, experts said. New Jersey State Police At issue, prosecutors ran the blood test on Higgins’ blood plasma, which showed him over the limit after the fatal crash, his lawyers claimed. However, Higgins’ team hired a toxicology expert who found his BAC was actually below the legal limit when adjusting for the false increase plasma tests yield, according to Higgins’ lawyer.…

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