Sean Higgins, accused of driving under the influence and causing the deaths of NHL star John Gaudreau and his brother Matthew, is attempting to have his case dismissed.

According to court records, Higgins's legal team is arguing that the Gaudreau brothers were drinking prior to the tragic accident in August.

The brothers were cycling on the shoulder of the road when Higgins allegedly attempted to pass another vehicle, leading to the collision.

Higgins rejected a plea deal last month that would have resulted in a 35-year prison sentence.