Judge denies Brent attorney's motion to dismiss blood evidence

Judge denies Brent attorney's motion to dismiss blood evidence

Credit: WFAA

The Dallas Cowboys announced Josh Brent's retirement on July 18, 2013.

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by STAFF REPORTS

WFAA

Posted on August 30, 2013 at 12:30 PM

Updated Friday, Aug 30 at 12:30 PM

DALLAS –– A judge on Friday dismissed Josh Brent and his attorney's request to toss blood alcohol evidence taken after the former Cowboy allegedly crashed his car while driving intoxicated, causing a wreck that killed friend and teammate Jerry Brown Jr.

George Milner, Brent's Dallas-based attorney, filed a motion last month alleging that the blood test was taken illegally because the officer did not secure a warrant. In the motion, Milner cited a Supreme Court ruling that he argued required officers to secure a warrant before taking a blood sample if the officer has ample time and resources to do so.

State District Judge Robert Burns III swatted down that argument and declared the sample admissible. 

Brent's blood alcohol content was .189, more than twice the legal limit of .08. He is also accused of violating his probation –– Brent, 25, tested positive for marijuana on June 27 and was booked back into jail. He was freed on July 7 until his trial, which on Friday was moved from Sept. 23 until Nov. 18. 

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