Victim's family to sue NYPD over DWI blood test

March 29, 2010 11:51:42 AM PDT
The family of a Brooklyn woman mowed down by an allegedly drunk off-duty police officer will sue the NYPD today, charging officers intentionally delayed a blood alcohol test so the suspect could sober up. 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.