Victim's family to sue NYPD over DWI blood test

BROOKLYN The father of Vionique Valnord will file the lawsuit this afternoon in Brooklyn Criminal Court.

Valnord's family is suing the NYPD for waiting seven hours to take blood from officer Andrew Kelly.

The suit seeks unspecified damages from the city, Kelly and the officer's wife, who was the registered owner of the Jeep Cherokee.

Kelly's lawyer said there was no coverup.

Kelly was charged with drunken driving and vehicular homicide after striking Valnord as she hailed a cab in Brooklyn on Sept. 27.

Kelly refused a Breathalyzer test at the scene, and a court order requiring that he submit to a blood sample wasn't issued for hours.

Then it took an hour to take Kelly from a Brooklyn stationhouse to the hospital. Another hour went by as doctors sought advice on how to proceed because Kelly refused to cooperate.

By then, Kelly's blood-alcohol level was zero.

Copyright © 2024 WABC-TV. All Rights Reserved.