Lawyers representing Sean M. Higgins, the driver accused of killing Johnny and Matthew Gaudreau last summer, want their client’s indictment tossed, saying the grand jury didn’t learn about the brothers’ intoxication at the time of the crash, which could amount to possible “contributory negligence” in their own deaths.

“Mr. Higgins is not demanding to be treated differently than any other but rather is respectfully requesting that the presentation of the charges against him be full, complete and transparent so as to allow him the ability to fairly defend the matter at bar,” his lawyers state in a largely-redacted court document.