SALEM, New Jersey (WCMH) — Attorneys for the man charged in the deaths of Johnny and Matthew Gaudreau is seeking to have several charges dismissed. 

According to court records filed by Sean Higgins’ legal team, they claim prosecutors did not give a grand jury considering the case all the information needed. 

Attorneys also claim the Gaudreau brothers were drunk while riding their bicycles, creating a dangerous situation on the road. 

Higgins’ attorneys said the charges of aggravated manslaughter and leaving the scene of a crash should be tossed out. 

The new filing comes just about a month after Higgins’ lawyers claimed he received and rejected an unfair plea deal due to the high-profile nature of the case. 

Higgins, who was driving with a reported blood alcohol level of 0.087, struck the Gaudreau brothers with his vehicle as they were cycling after sunset on a road near Salem, New Jersey.

The brothers were in New Jersey for the wedding of their sister, Katie and were buried on Sept. 9 in Philadelphia, where Johnny’s wife, Meredith, revealed she was pregnant. Matthew’s wife also was pregnant when he was killed and has since given birth.

Higgins was remanded in September after a Salem County judge ruled he would remain in custody without bond. On Nov. 12 a pre-indictment conference took place and an extension was given to allow the sides to possibly reach a plea agreement.

Higgins was indicted on Dec. 11 after a grand jury submitted charges of two counts of reckless vehicular homicide, two counts of aggravated manslaughter, tampering with physical evidence, and leaving the scene of a fatal accident.

Prosecutors noted that while Higgins was at the scene of the crash when police arrived, he reportedly attempted to discard evidence after he got out of his car.