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DALLAS (CBSDFW.COM) – Former Dallas Cowboys Josh Brent’s attorney wants a judge to throw out Brent’s blood-alcohol test results in his upcoming manslaughter trial. George Milner filed a motion on Tuesday asking that the evidence will be thrown out.
According to court documents, Milner says Irving Police illegally drew Brent’s blood the night of the single car crash that killed teammate Jerry Brown. Milner says Brent refused to voluntarily submit a sample of his breath and blood to officers after failing field sobriety tests. Milner claims an Irving police officer should have, but did not, secure a warrant for the blood draw.
On December 8, 2012, Brent was “intoxicated, speeding over the limit and failed to drive in a single lane,” according to accident investigators when he flipped his 2007 Mercedes Benz with teammate Jerry Brown inside. Brown died at the scene. The arrest report showed Brent’s blood-alcohol level 0.189 — more than twice the legal limit.
Since his arrest and while he has been out of jail on bond, Brent has tested positive for marijuana use. In July, he retired from the NFL to focus, releasing this statement:
“This is the right decision for me, and something that I have given a lot of thought to. I am at a point where my main focus is all about getting the priorities in my life in order. Those priorities are more important than football. Doing the right things in life are more important than football. I love the game very much. I love my teammates, but this is the right thing for me to do.”
Brent’s intoxication manslaughter trial is scheduled to begin on September 23.