Just following up on this that the judge has upheld the charges and this defense did not hold much water.
SALEM, N.J. -- The family of NHL hockey player Johnny Gaudreau and his brother Matthew listened in pain Tuesday as lawyers debated whether the men's own drinking contributed to their deaths when they were hit by an allegedly drunken and enraged driver as they cycled at night.
After nearly two hours of argument, a judge agreed the issue was moot under New Jersey criminal law -- upholding all of the charges against the driver, including manslaughter and vehicular homicide.
"There's no credence in the argument there was contributory negligence on the part of the cyclists," Superior Court Judge Michael Silvanio said.
According to the defense, the Gaudreaus had blood alcohol levels of .129 or above, higher than the .08 legal limit in New Jersey and the .087 blood alcohol content that police recorded for Sean Higgins. His lawyers had hoped to have the manslaughter and vehicular homicide charges reduced or dismissed.
"To say that their BACs may have contributed to the cause of death is a reach to say the least," assistant prosecutor Michael Mestern argued.
https://www.espn.com/nhl/story/_/id/446 ... dreau-case