Driver is accused of killing NHL's Johnny Gaudreau and brother rejects plea deal as lawyers concede he WAS over the limit

Sean Higgins, 45, rejected a final plea offer of 28 years in prison and now faces up to 91.5 years if convicted. His defence had argued his blood-alcohol level was .075, but its own testing returned .08, the legal limit. Prosecutors place the figure at .087. Jury selection is scheduled to begin on 1 December, with the trial set for 4 January.

Johnny and Matthew Gaudreau were struck while cycling the evening before their sister Katie's wedding.

New defence photographs reveal the wreckage of the brothers' bicycles and the collapsed front end of Higgins' Jeep.

A defence expert dismissed the police assertion that the brothers were riding on the shoulder as 'bizarre and inconsistent with science'.