The off-duty cop who successfully stalled a blood alcohol test for seven hours after fatally running over a woman in Brooklyn last September is going on the offensive. It's come to light that the victim, minister's daughter Vionique Valnord, 32, had blood alcohol levels of .22 percent in the blood, .23 percent in the eye fluid and .28 percent in the urine, according to a toxicology report. Valnord was trying to hail a cab in the rain after leaving a wedding when she was struck and killed by off-duty officer Andrew Kelly, who smelled of alcohol and appeared drunk, first responders say. (When a court-ordered blood test was finally administered, he scored a perfect zero.)

"It appears that she was drunk and she wandered into traffic," Kelly's lawyer, Arthur Aidala, told the Daily News after the report was released yesterday. "Probably her judgment contributed to this accident. There was alcohol in her system and witnesses at the wedding said she was clearly, visibly intoxicated. This goes to solidify the fact that this was just a terrible accident."

Valnord's family is furious at the insinuation that she was the one to blame. "What does it matter she had something at a wedding if he's the one driving drunk," said her sister, Ruth Jean Valnord. "She was at least hailing a cab and not driving. He chose to drive drunk." And the family's lawyer asks the Post, "Why wasn't he given the appropriate blood-alcohol test? She's a victim, irrespective of what her blood-alcohol level was." Kelly has pleaded not guilty to vehicular manslaughter, driving while intoxicated, and other charges; he faces up to seven years in prison if convicted.