Sean Higgins - Legal Proceedings

[T-Dog]

I’d bet that he gets a significant jail sentence, as he should. My understanding is that it’s up to 10 years per charge of “death by auto” and that doesn’t include the added penalty for being intoxicated. This is a particularly egregious case of drinking, road rage, aggressive driving, open liquor in the car and high profile victims. I don’t think a US judge in the victims home town lets this guy off lightly.

[Robbob]

Originally Posted by the-rasta-masta

On the night everything was happening I googled street viewed the area of the crash, unfortunately there is no shoulder on the road. It's always something I notice when I go down to Montana is the lack of shoulder, the road lane goes right to edge of pavement. It's something we're lucky to have here in Alberta on most highways and roads.

I just finished a 12000km road trip through the States and this is the thing that struck me. Even within a lot of cities and towns there just aren't the shoulders and sidewalks that we are accustomed to.

[blankall]

Originally Posted by T-Dog

I’d bet that he gets a significant jail sentence, as he should. My understanding is that it’s up to 10 years per charge of “death by auto” and that doesn’t include the added penalty for being intoxicated. This is a particularly egregious case of drinking, road rage, aggressive driving, open liquor in the car and high profile victims. I don’t think a US judge in the victims home town lets this guy off lightly.

There could be mitigating factors here. Maybe he just experienced some huge personal issue beforehand? Maybe the Gaudreaus were riding in a place they couldn't be easily seen and without reflectors? I haven't seen anything indicating that, and the other vehicles had no trouble seeing them. My guess is that Higgins was probably staring down the driver he was passing and not even looking ahead. Due to the alcohol his reaction time and reflexes were impaired.

[Beninho]

I understand it is part of their job but it is going to be incredibly frustrating when the defence starts to make excuses like the road was too dark or the brothers did not have proper lights. I just hope the system gives the Gaudreau family much needed justice.

Even if you take away him being drunk, who the hell passes on the shoulder in a one lane. Disgustingly dangerous. This man is a piece of #### through and through and has earned a full sentence with no early parole.

[topfiverecords]

Didn't register this guys name from the news last week, read the title and thought what kind of trouble did Sue (RIP) get into.

[dino7c]

Originally Posted by Samonadreau

"5 or 6".... so round up to 8.

10-12

Not to mention its a dbag illegal move to pass on the right even if he was stone sober

[genetic_phreek]

USA: 2 years + $15000 fine

Canada: 2 weeks community service + $500 fine

[dino7c]

Raiders player Henry Ruggs was given a minimum of 3 years in prison for killing a women while driving drunk. He was the millionaire athlete in that case.

[troutman]

AI inquiry for NJ tells me:

Death by Auto

Second Degree = 5-10 years prison, closer to 10 year maximum when DWI

[dino7c]

I bet he takes a plea..3-5 years

they are 100% going to argue it was dark, raining, safety equipment ect.

[the-rasta-masta]

I also listened to Spittin Chiclets earlier this week and they were touching on the tragedy. One thing Ryan Whitney alluded to was saying that he bet the family was celebrating and possibly drinking and the boys were doing the right thing by getting on bikes instead of driving themselves. I have no idea if this was speculation on his behalf or if he knew something, because my initial thought when I saw the scene was that they were out actually cycling for exercise or pleasure, but would it affect anything in this case if the boys were drinking themselves? Not sure if there are laws for drinking and cycling.

[jaikorven]

Originally Posted by the-rasta-masta

I also listened to Spittin Chiclets earlier this week and they were touching on the tragedy. One thing Ryan Whitney alluded to was saying that he bet the family was celebrating and possibly drinking and the boys were doing the right thing by getting on bikes instead of driving themselves. I have no idea if this was speculation on his behalf or if he knew something, because my initial thought when I saw the scene was that they were out actually cycling for exercise or pleasure, but would it affect anything in this case if the boys were drinking themselves? Not sure if there are laws for drinking and cycling.

In most of Canada (Alberta specifically) both bicycle and motorized vehicles are considered the same under the Highway Traffic Act, from what I have been told. Not 100% confirmation, however.

[Paulie Walnuts]

Maybe human scum like Ryan Whitney shouldn't be betting and speculating stuff he knows #### all about.

Guy is a drunk, and drunk 99% of the time when they do their dumb podcast. Can't believe people listen to that ####.

[Flamesfan05]

Originally Posted by Mathgod

Really hope the penalty is severe. If he's given just a fine, chances seem pretty high that he will keep driving drunk and putting people in danger.

People just don’t start drink and drive

He probably has been drinking and driving all his life , 25 yrs or so

[Redrum]

Originally Posted by Badgers Nose

Quick Google:

https://globalnews.ca/news/3520368/g...e-for-drivers/

Reddit threads of the topic:
Driver who killed cyclist last year gets $2000 fine and ... Okay but the craziest thing about this article to me is " the maximum is a 50K fine and 2 years in prison." For careless driving causing ...

Man serves 14 days for hitting and killing a cyclist. - Reddit
Sep 20, 2023

£240 fine for killing a cyclist.. the judge noted the offender's ...
Jun 28, 2024

No jail time for cement truck driver convicted in death ... - Reddit
Dec 6, 2022

I guess there is this one too:
Driver sentenced to decades in prison for crash that killed two ...
Dec 12, 2023

Anyways, we'll see. But don't expect the sentence to reflect the severity of the crime.

They have to sort out who is at fault most of the time. Something similar happened to former MotoGP champ Nicky Hayden, but it sounded like Hayden ran the stop sign and the guy was speeding so they were both at fault. I think the guy got a year in prison, and it was in Italy so hard to compare. But in this case obviously the guy should friggin burn.

[GullFoss]

I expect he'll get close to the maximum allowable of 20 years. High profile case; make an example of him

[ToraToraTora]

Originally Posted by blankall

Mowing over cyclists in the shoulder while you're drunk is going to get you jail time. Might be only a couple of years of actual time served depending on the circumstances, but even if these were ordinary people, he'd be going to jail.

You'd get jail in Canada. Almost invariably unless there is a major mitigating factor. Impaired driving causing death is a criminal code offence that has a maximum sentence of life and a starting point of about 4 years, kind of like manslaughter.

You will likely not get jail time for the careless driving ones which are provincial offences.


Sent from my Pixel 8 using Tapatalk

[dino7c]

Originally Posted by GullFoss

I expect he'll get close to the maximum allowable of 20 years. High profile case; make an example of him

highly unlikely...unless he goes into court and says he is glad it happened and he shows no remorse. I honestly think he takes a plea 5 years or less.

[trackercowe]

I can't believe the low sentencing when it comes to drunk driving. I've always said if you wanted to go on a killing spree or murder someone, get drunk first before doing it. He obviously didn't run them over on purpose, but in 2024 there should be no tolerance when it comes to drunk driving in a case like this.

[dino7c]

Henry Ruggs was HAMMERED driving 158MPH on a residential street and mowed down a girl and her dog...got 3 years

don't expect any massive sentence