Man Charged in Johnny Gaudreau's Death to Remain Jailed After BAC Rev

Sean M. Higgins, the driver charged with killing NHL star Johnny Gaudreau and his brother Matthew, in a driving incident, will remain in jail while awaiting trial, a New Jersey judge ruled on Friday, September 13, via NBC Philadelphia.

Higgins, 43, was found to have a blood alcohol content of .087%, above the legal limit of .08%, at the time of the crash, via CNN . He faces two counts of vehicular homicide, with each count carrying a potential sentence of up to 10 years.

The incident occurred on August 29, when the Gaudreau brothers were cycling on County Route 551 in Carneys Point, New Jersey. According to police reports, Higgins attempted to pass an SUV on the right side of the two-lane road.

The SUV had slowed to pass the brothers safely, but Higgins, who according to reports was frustrated with that behavior, sped up and struck the cyclists from behind, killing both on the scene.

In the September 13 virtual court hearing, Higgins' defense attorney, Matthew Portella, argued for his release, describing him as a "loving father of two" and a "law-abiding citizen" before the crash.

However, Superior Court Judge Michael J. Silvanio cited concerns over Higgins' "road rage-like behavior" and ruled to keep him in custody during the trial.

Prosecutors revealed further details during the hearing. Higgins had previously admitted to drinking "five or six beers" earlier in the day. He failed a field sobriety test at the scene and admitted he didn’t see the cyclists before the fatal collision.

Assistant Prosecutor Jonathan Flynn described the crash as a result of Higgins’ "impatience," which led to the deaths of the Gaudreau brothers.

The Gaudreaus were in town to attend their sister's wedding, where they were set to serve as groomsmen. Johnny Gaudreau, known as "Johnny Hockey," was set to begin his third season with the Columbus Blue Jackets.

His younger brother, Matthew, was also a hockey player. Holland Korbitz, sister of Matthew's wife Madeline, launched a GoFundMe campaign shortly after the brothers passed, raising more than $783,000 through September 13.

Related: Johnny Gaudreau's Widow Makes Heartbreaking Announcement at Funeral