A jury at trial is the ultimate fact-finder and is the best positioned party to weigh conflicting evidence, including expert testimony regarding BAC levels,  the judge said at the time.

But the judge also said Higgins' team can still seek to hold another hearing if new evidence surfaces and call experts on the validity of the BAC test if or when that's the case.

Higgins' team did not respond to Post request for comment Monday.

5 The siblings were set to be groomsmen in their sister's wedding the next day. Katie Gaudreau/Facebook

It's been nearly two years since Johnny, 31, and his 29-year-old brother Matthew were fatally struck as they were riding bikes on the side of a road in Oldmans Township while coming back from a rehearsal dinner for their sister before her wedding the next day.

Higgins - who did not appear in court Monday - is accused of fatally striking the brothers as he tried to drunkenly pass a car. He has pleaded not guilty.

Higgins lost a prior attempt to have the case thrown out by claiming that the brothers were drunker than he was at the time of the accident.

The brothers were both married, with Matthew and his wife expecting a baby at the time. Matthew's wife gave birth to their son about five months after her husband's death.

Higgins faces up to 72 years in prison if convicted.