Prosecutors are fighting claims the New Jersey man who allegedly fatally mowed down NHL star Johnny Gaudreau and his brother wasn’t actually drunk – and say they have plenty of other damning evidence anyway.

Sean Higgins, 45 – who is charged with reckless vehicular homicide and aggravated manslaughter – showed “extreme indifference to human life” in the August 2024 alleged hit-and-run, prosecutor Michael Mestern wrote in papers made public Monday.

Higgins has been seeking to get the case thrown out on the grounds that a defense expert found that his blood-alcohol content was actually .075, below the legal limit of .08 and below .087 – the level prosecutors claim Higgins had the night of the crash.

“The state intends to refute that opinion,” Mestern wrote. “It is only one chemist’s opinion attacking the credibility of one piece of the state’s evidence in this matter.”

In addition to Higgins’ alleged BAC of .087, Mestern says a slew of additional evidence “will establish defendant’s reckless conduct on the day in question and how it amounted to an extreme indifference to human life.”

This includes that Higgins didn’t stop to try to help the hockey player brothers Johnny, 31, and Matthew, 29, after he ran them over with his SUV, Mestern alleged.

Additional evidence includes that the officer at the scene “smelled alcohol coming from” Higgins, that Higgins failed field sobriety tests, that he admitted to having five or six drinks and that he was driving recklessly, Mestern wrote.

Mestern asked a judge to deny Higgins’ bid to get the case thrown out based on arguments the grand jury who indicted him was “misled” and presented with “half-truth,” Higgins’ defense team wrote in papers earlier this month.

Higgins’ defense attorney first asked for the case to be tossed at a hearing in February where he said a defense expert claimed the prosecution screwed up by using an incomplete blood sample for Higgins’ BAC test.

“It seems that it was plasma that was tested, not whole blood,” Higgins’ lawyer Richard Klineburger argued at a court hearing in February. “Based upon our expert report, that brings the actual BAC reading down to .075.”

The defense’s legal maneuver was made at the hearing just two days after the 2026 Winter Olympics wrapped – where Gaudreau had been expected to compete as part of the US men’s hockey team, but for his untimely and tragic death.

The squad took the gold in a final against the Canadians and brought out a jersey with Gaudreau’s name on it.

Higgins lost a prior bid to get the case dismissed, arguing that the brothers were more drunk than he was when they were out cycling — contributing to the accident.

The siblings – both married dads – had been riding their bikes single-file on the shoulder of a road in Oldmans Township when Higgins careened into them on Aug. 29, 2024.

Another car slowed down after spotting the cyclists but Higgins allegedly decided to pass the car, hitting the Gaudreaus in the process.

Cops found Higgins pulled over a quarter-mile past the scene of the killings.

The brothers were in town for their sister’s wedding that was scheduled for the next day.

Higgins’ lawyer didn’t immediately return a request for comment Monday.