(credit: CBSDFW.COM)

(credit: CBSDFW.COM)

DALLAS (CBS 11 NEWS) – Former Dallas Cowboy Josh Brent has filed an application asking that he be sentenced to probation in the event he is convicted of intoxication manslaughter.

In the application, which was filed with the court on August 9, Brent writes since he has never before been convicted of a felony in this state or any other state, he prays that in the event of a convicted he is given a suspended sentence and probation.

Brent is accused of speeding and driving while intoxicated on December 8, 2012, when he flipped his 2007 Mercedes Benz with teammate Jerry Brown in the passenger seat. Brown died at the scene. The arrest report showed Brent’s blood-alcohol level 0.189 — more than twice the legal limit. His defense attorney recently filed a motion asking that Brent’s blood alcohol level results be thrown out because Brent’s blood was obtained without a search warrant.

Following the accident, Brent was placed on the Dallas Cowboys inactive list until he retired from the NFL in July to focus on his legal troubles.

Brent’s intoxication manslaughter trial is scheduled to begin on September 23.

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