In a brief court appearance on Tuesday, attorneys for Sean Higgins, the man charged in the deaths of Johnny and Matthew Gaudreau, filed a motion to dismiss the case and wanted more information from prosecutors.

The driver accused of killing NHL star Johnny Gaudreau and his brother Matthew in New Jersey last year is fighting to have his indictment tossed — while alleging that the bicycling brothers were both drunker than him at the time of the deadly hit-and-run,

Court records show that Johnny Gaudreau and his brother had alcohol in their systems when they were killed after a driver struck them while bicycling.