Sean Higgins - Legal Proceedings

[GioforPM]

Originally Posted by blankall

In many jurisdictions, you don't actually have to be .08 to be charged with impaired driving. The test is whether or not you were impaired, and blood alcohol is a piece of evidence towards that determination.

In this case, the guy plowed through a shoulder while speeding without looking out for what was ahead. Seems like pretty bad judgement to me.

Even if he's not impaired, that doesn't stop him from being charged with vehicular homicide.

Higgins' wife has turned against him and is providing evidence about his history of road rage and drunk driving, and he's now on suicide watch:

https://www.audacy.com/kywnewsradio/...cular-homicide

Yes, including here. There are two separate charges. Impaired driving and driving while over the limit. The second is usually the easier to prove though.

[blankall]

Originally Posted by GioforPM

Yes, including here. There are two separate charges. Impaired driving and driving while over the limit. The second is usually the easier to prove though.

Not a crim lawyer, but I believe that you can be charged with operation while impaired if you are impaired or your blood alcohol is over .08. Not two separate charges, but two ways to qualify for the one charge:

320.14 (1) Everyone commits an offence who

(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

[dino7c]

seems like he would have reacted similar with or without the beers...we all see impatient clowns like this on the road who think 3 mins of their time is more important than anyone else

[Icantwhisper]

I think a lot of people are going to be disappointed with his sentence, this was a couple years ago near my place.
https://calgaryherald.com/news/crime...-a-golf-course

He'll plead it down, he can pay a bunch of money to have a lawyer show he is not impaired at .087, some people have higher tolerances for alcohol and I'm sure they'll claim this, if they can't find some other technicality.

[blankall]

Originally Posted by Icantwhisper

I think a lot of people are going to be disappointed with his sentence, this was a couple years ago near my place.
https://calgaryherald.com/news/crime...-a-golf-course

He'll plead it down, he can pay a bunch of money to have a lawyer show he is not impaired at .087, some people have higher tolerances for alcohol and I'm sure they'll claim this, if they can't find some other technicality.

I also think this is the case. He'll throw himself on the mercy of the court, and, then, they'll likely plead some kind of PTSD from his line of work, he makes all sorts of contributions to society, etc...

[Ferarri]

Looking at him all I can see is a man filled with rage and anger. His eyes and demeanour easily portray an individual with anger management issues. When you compound that with his wife’s description of his behaviour, it’s easy to tell what kind of person Sean Higgins truly is.

This isn’t a man who is remorseful for killing two people, but rather consumed with his own jail sentence and what the consequences of that will be. His military record should have zero influence into the determination of who he truly is. The fact that his spouse described this as a frequent behaviour demonstrates that this wasn’t simply an unfortunate accident.

It’s laughable that the defence thinks he should be released and allowed to operate a motor vehicle again. He has simply shown no remorse and the deaths of Johnny and Matthew are secondary to his own sentencing.

For the betterment of society, he should be locked up for good. However, as others have mentioned, this isn’t typically the case. Absolutely disgraceful that the Gaudreau’s had to bury their loved ones while this joke of a man could potentially face a light sentence.

[PepsiFree]

The defence comments about him being an empathetic family man really fell flat as soon as his wife’s interview about him screaming at her was released. Going to be awfully difficult to paint that picture now.

Aw, schucks.

[Sidney Crosby's Hat]

Originally Posted by PepsiFree

The defence comments about him being an empathetic family man really fell flat as soon as his wife’s interview about him screaming at her was released. Going to be awfully difficult to paint that picture now.

Aw, schucks.

It seems from her comments that she's trying/hoping he gets locked up.

[Amethyst]

Originally Posted by Sidney Crosby's Hat

It seems from her comments that she's trying/hoping he gets locked up.

Could very well be that she has been the target of that rage as well.

[CliffFletcher]

Who knows if it’s regret, shame, or just cowardice, but the accused has apparently expressed an intent to kill himself.

The prosecution also alleged that Higgins would be a danger to the community due to a habit of driving with “road rage and impatience” and could “put himself beyond the reach of court” due to his “clear intent to self harm over the regret of what has happened.”

https://www.nytimes.com/athletic/576...-suspect-jail/

“Beyond the reach of court” = suicide in legalese.

[bluejays]

Originally Posted by dino7c

seems like he would have reacted similar with or without the beers...we all see impatient clowns like this on the road who think 3 mins of their time is more important than anyone else

Agree. I’ll catch flak for saying this but his BOC wasn’t complete blitzed compared to many other drinking and driving cases we’ve heard. Sounds like road rage more than anything. Anyway, none of us know this man, but I do find it sad that he has a family and not only are the Gaureau’s losing some people they loved, but this guys family is also affected. I may be reading between the lines but it sounds like his wife is frustrated with the situation he’s brought to them, more than anything.

[Locke]

Originally Posted by bluejays

Agree. I’ll catch flak for saying this but his BOC wasn’t complete blitzed compared to many other drinking and driving cases we’ve heard. Sounds like road rage more than anything. Anyway, none of us know this man, but I do find it sad that he has a family and not only are the Gaureau’s losing some people they loved, but this guys family is also affected. I may be reading between the lines but it sounds like his wife is frustrated with the situation he’s brought to them, more than anything.

Dont consider this 'flak' per se, because I see your point and I understand it and it is relevant and I dont mean to belittle you or your point.

Its just minor in comparison.

This man has brought hardship upon his family. But the level of that hardship, in comparison to the hardship he's brought upon 3 other families is minor.

There are...what...4 kids growing up without fathers? Two wives living without husbands? A couple have lost 2 sons on the same day? Sisters living without their brothers?

Okay, thats enough of that.

I'm pissed. He was drunk, sure, but...he wasn't 'raging drunk' he was barely over the legal limit.

What he was, was angry.

And for me? I cant wrap my head around that. I've never been that angry.

Theres a couple of guys riding their bikes on the side of the road. So what?

Just be patient and it'll pass.

This is like the textbook definition of a Senseless Tragedy.

But for the Gaudreaus?

Calgary Stands With You.

[Fuzz]

Originally Posted by Locke

Dont consider this 'flak' per se, because I see your point and I understand it and it is relevant and I dont mean to belittle you or your point.

Its just minor in comparison.

This man has brought hardship upon his family. But the level of that hardship, in comparison to the hardship he's brought upon 3 other families is minor.

There are...what...4 kids growing up without fathers? Two wives living without husbands? A couple have lost 2 sons on the same day? Sisters living without their brothers?

Okay, thats enough of that.

I'm pissed. He was drunk, sure, but...he wasn't 'raging drunk' he was barely over the legal limit.

What he was, was angry.

And for me? I cant wrap my head around that. I've never been that angry.

Theres a couple of guys riding their bikes on the side of the road. So what?

Just be patient and it'll pass.

This is like the textbook definition of a Senseless Tragedy.

But for the Gaudreaus?

Calgary Stands With You.

OK, who are you and what have you done with Locke?

[PepsiFree]

Originally Posted by Fuzz

OK, who are you and what have you done with Locke?

The Rick Bell pills he’s been taking are having weird side effects.

[Locke]

Originally Posted by Fuzz

OK, who are you and what have you done with Locke?

He's locked in my trunk with Dr. Dre.

[bluejays]

Originally Posted by Locke

Dont consider this 'flak' per se, because I see your point and I understand it and it is relevant and I dont mean to belittle you or your point.

Its just minor in comparison.

This man has brought hardship upon his family. But the level of that hardship, in comparison to the hardship he's brought upon 3 other families is minor.

There are...what...4 kids growing up without fathers? Two wives living without husbands? A couple have lost 2 sons on the same day? Sisters living without their brothers?

Okay, thats enough of that.

I'm pissed. He was drunk, sure, but...he wasn't 'raging drunk' he was barely over the legal limit.

What he was, was angry.

And for me? I cant wrap my head around that. I've never been that angry.

Theres a couple of guys riding their bikes on the side of the road. So what?

Just be patient and it'll pass.

This is like the textbook definition of a Senseless Tragedy.

But for the Gaudreaus?

Calgary Stands With You.

In no way I’m defending the guy by saying this, but I don’t think there was intent to mow down the Gaudreau’s. It sounds like a case of raging and following the car ahead too closely to get them to speed up. Only problem was he didn’t see the Gaureau’s up ahead and when the car in front inevitably moved to the left he crazily wanted to pass on the right, hitting them. It’s crazy road rage that he’d want to pass on the right but I think most of us even if sober could not react in time. Regardless it’s a sad situation and a lot of whatifs in the coming years.

[blankall]

Originally Posted by bluejays

In no way I’m defending the guy by saying this, but I don’t think there was intent to mow down the Gaudreau’s. It sounds like a case of raging and following the car ahead too closely to get them to speed up. Only problem was he didn’t see the Gaureau’s up ahead and when the car in front inevitably moved to the left he crazily wanted to pass on the right, hitting them. It’s crazy road rage that he’d want to pass on the right but I think most of us even if sober could not react in time. Regardless it’s a sad situation and a lot of whatifs in the coming years.

I don't understand the thinking that would go into speeding through a shoulder, or even the road, without looking at what was ahead. Beyond other people's safety issues, there could be any number of hazards ahead. Just baffling behviour that resulted in a very tragic outcome.

[FlamesAddiction]

Originally Posted by bluejays

In no way I’m defending the guy by saying this, but I don’t think there was intent to mow down the Gaudreau’s. It sounds like a case of raging and following the car ahead too closely to get them to speed up. Only problem was he didn’t see the Gaureau’s up ahead and when the car in front inevitably moved to the left he crazily wanted to pass on the right, hitting them. It’s crazy road rage that he’d want to pass on the right but I think most of us even if sober could not react in time. Regardless it’s a sad situation and a lot of whatifs in the coming years.

He may not have had a high enough blood alcohol level to drastically impair his reflexes, but it could have been high enough to impair his judgement and make him more prone to risky decision making. He may not have been at the sloppy drunk stage, but still at the liquid courage stage of his drinking.

He even admitted to the police that he thought the effects of alcohol made him less patient.

[Locke]

Originally Posted by bluejays

In no way I’m defending the guy by saying this, but I don’t think there was intent to mow down the Gaudreau’s. It sounds like a case of raging and following the car ahead too closely to get them to speed up. Only problem was he didn’t see the Gaureau’s up ahead and when the car in front inevitably moved to the left he crazily wanted to pass on the right, hitting them. It’s crazy road rage that he’d want to pass on the right but I think most of us even if sober could not react in time. Regardless it’s a sad situation and a lot of whatifs in the coming years.

In no way do I hold that against you.

I'm probably more disappointed than most in his laughably low BAC.

This guy's problem is a combination of Anger and Alcohol.

And what pisses me off most is that it resulted in the death of two young men for what is, I am sorry, a very solvable problem.

That angers me greatly.

Children have lost fathers, wives have lost husband, parents have lost children...for what? To try and get home a few seconds sooner?

Originally Posted by FlamesAddiction

He may not have had a high enough blood alcohol level to drastically impair his reflexes, but it could have been high enough to impair his judgement and make him more prone to risky decision making. He may not have been at the sloppy drunk stage, but still at the liquid courage stage of his drinking.

He even admitted to the police that he thought the effects of alcohol made him less patient.

Fine and well, but I'm not buying that. Your opinion is your own and I respect that.

Again, nothing against you or your opinion, I think this discussion should be had and it should be cordial, but that guy clearly has rage issues and he threw booze onto the fire.

I dislike cyclists to a point myself, but I just make jokes. Lets call me...generously, 'reasonably well-adjusted.' 99% of the time? Its a gag.

Sure, there are cyclists that annoy me with their behaviour for a multitude of reasons, but thats no defense for goddamned homicide!

Inconsiderate cyclists in traffic annoy me. In no way, shape or form would I ever even consider running them down. Ever. I don't think I've ever been that mad in my life.

The worst I'd condone is yelling, to myself, in my car, and still driving safely. Because I'm in a big steel box and they are not.

Cyclists can piss you off, but if you're in a car? Be the bigger man.

99% of humanity does it every day.

The Gaudreau Family walks with Calgary. Never Alone.

[PepsiFree]

I find this conversation a bit weird. This is a situation where we pretty much knew how this happened from the beginning because the killer admitted to it and all the information we’ve learned since has just confirmed what we already knew.

He was a reckless driver with road rage issues who was also impaired due to alcohol. Pretending he wasn’t impaired is really strange. And pretending this is actually a lesson about how cyclists are annoying but we still shouldn’t run them over is also strange? Like, he was impaired and angry at the car in front of him so he passed on the right and didn’t see the cyclists in time. He wasn’t some sober rage-head who ran down cyclists because he was mad at them.