Judge refuses to throw out Josh Brent's blood test - Dallas News | myFOXdfw.com

Judge refuses to throw out Josh Brent's blood test

A judge refused to throw out a blood test that showed ex-Dallas Cowboys player Josh Brent was driving drunk the night of a crash that killed a teammate.

Brent's attorney argued the blood draw as illegal because it was taken without a warrant. He made the argument based on an April 2013 ruling by the Supreme Court in case from Missouri.

The Irving police officer who arrested Brent and ordered the blood raw said because of the circumstances that night, he didn't feel a warrant was necessary.

Dallas County prosecutors were happy with the ruling.

"We expected the judge to rule exactly as he ruled. We think that based on the totality of the circumstances and the law at that time - and even now - that the officers did exactly what they were supposed to do," said prosecutor Heath Harris.

The trial was scheduled to begin in September, but now has a Nov. 18 start date.

Brent faces trial for the death of teammate Jerry Brown, Jr. in a Dec. 2012 automobile wreck.

Authorities believe Brent had been drinking and driving when he crashed his car, killing his friend and teammate. His blood alcohol levels were more than twice the legal limit.

Brent entered a not guilty plea in court on Friday. If found guilty, he could get as little as probation or as much as 20 years in prison.

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