DWI Cop Delayed Blood Alcohol Test for Seven Hours

Officer Andrew Kelly at his arraignment.

The off-duty NYPD officer accused of DWI and vehicular manslaughter in the death of a Brooklyn pedestrian early Sunday morning managed to avoid having his blood alcohol level tested for over seven hours after the crash. As victim Vionique Valnord lay dying, officer Andrew Kelly, who was slurring his speech and reeked of alcohol, refused to take a Breathalyzer test, and told first responders he wouldn't easily submit to a blood test either: "I'm not going to let that happen," he said, according to a Daily News source. "You're going to have to tie me down."

The accident happened at 12:41 a.m., but the Brooklyn DA's office wasn't notified until 1:54 a.m. Then it took almost four hours for prosecutors to get a judge to grant a warrant to draw Kelly's blood. Kelly was taken to Kings County Hospital at 5:52 a.m., but he wouldn't consent to give blood, and the doctor, wrongly believing that consent was necessary, refused to do it. After a "flurry of phone calls," Kelly's blood was finally taken about 8 a.m., seven hours and 20 minutes after the accident. Interestingly, that's also a half hour after Kelly was to have reported to work, the Post reports.

According to the News, Kelly had been barhopping with another off-duty cop after the two of them worked overtime at Yankee Stadium that day; they were en route to another bar when Kelly's SUV struck Valnord, who was trying to hail a cab after a wedding reception in Flatbush. Sources say Kelly downed six to eight beers at one of the bars. The other officer, Michael Downs, has been suspended for 30 days for leaving the scene; he claims a responding officer told him he could leave.

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By John Del Signore in News on September 29, 2009 9:40 AM

Comments [rss]

tom00039

This whole incident is a complete tragedy. I can't believe that commisioner Kelly stated that the delay in giving this officer a blood test was "insignificant". Not having a B.A.C could eventually give this murderer a free ride. Ray if that was your daughter you know you would have gotten a blood test done a.s.a.p. Oh and his name is Andrew Kelly. Any relation Ray? If you get drunk and drive a vehicle then I believe you automatically surrender the right to deny a breathalyzer or a blood test. What a sad case for both families that were affected by this careless act...

Bubba

Cops know how to play all the angles when it comes to breaking the law.

jt10000

There are two separate issues. One is what evidence should be needed to convict someone of DWI. Firm evidence of reeking of alcohol and driving dangerously should be enough.

The other is drawing blood from someone who is unwilling to allow that. It seems to me that the fourth amendment to the US constitution provides protection against that.

bellsandasiren

"The other is drawing blood from someone who is unwilling to allow that. It seems to me that the fourth amendment to the US constitution provides protection against that."

Nope; the police had "reasonable suspicion" to believe that the officer had been driving while drunk, and "reasonable suspicion" is the bench-mark for searches and seizures. In addition to that, they obtained a warrant to draw his blood. After there's a warrant, consent no longer applies.

NewHCE

Not defending him on his actions, but he did the right thing on the blood test. If you don't mind losing your license for a while, don't take the test.

nicemarmot

It's really too bad we can't just run this guy over with his own car. Repeatedly.

potsmoker

drink and drive before you have to report for duty in a few hours...

do you really think this is unusual, this is normal.

What does the other Kelly have to say.

he'll cop a plea to a ridiculous charge

hell lose some vacation days and do community service

hell go back to being an a-hole with a badge and a gun

wheres all the cop defenders now?

ChampionOfTheSun

Make an example out of this asshole.

ThisCharmingMan

awesome. I can't wait to have my human and legal rights denied to me by this wonderful person one day. I'm sure he will do a great job.

ProcedureTurn

Another slimeball cop. He knew he was guilty of DWI and killing a innocent person. He used his cop credentials to avoid the blood test. If he were the officer arresting a civilain, I bet he'd make sure THEY gave blood ASAP.

Stories like this look poorly on the NYPD.

How do you drink 6-8 beers and go driving to more bars even when you're to report for duty within hours. Really despicable.

I hope this guy goes to jail.

Matt Joyce

Smart guy. Complete tool for hitting someone with his car drunk, but at least he's smart enough not to consent to a blood test/ breathalyzer.

Mind you, if you or I had tried that, it probably would not have worked.

jm1975

Not true. Anyone can refuse a breathalyzer test in the field, its your right. Protocol is to arrest you and then draw blood.

Rocknrope

Considering that it was almost 1am when the accident happened, I'm assuming that most judges and prosecutors are asleep. Are judges and DA's required to be "on call" like physicians in case something like this comes up and they need a warrant turned around quickly?

Politburo

There typically is a system to get things approved at odd hours. As an example:

http://findarticles.com/p/articles/mi_qn4179/is_20090803/ai_n32421723/

Peter

Yes, there are always judges on call. Most commonly, late-night calls are used for issuance of search warrants.

zodak

you've never heard of night court? there was even a tv show about it.

Jen Chung

That's why some think blood tests should be required without needing a court order.

hotstepper

getting blood drawn while sitting on the hood of a cop car is not medically sound and is most certainly a violation of our civil rights. we can leave that invasive shit in arizona.