Yesterday Police Commissioner Raymond Kelly acknowledged that it will be "impossible" for prosecutors to determine how drunk an off-duty cop was when he fatally ran over a Brooklyn woman Saturday night. The family of Vionique Valnord is outraged that officer Andrew Kelly was able to successfully postpone having his blood tested for alcohol for over seven hours after the accident, and the Internal Affairs Bureau is investigating whether other officers helped him sober up. When finally tested, Kelly scored a perfect zero on the test, making the DWI charges against him problematic.

Commissioner Kelly admitted to reporters that the officer's level of intoxication could never be determined, saying, "It comes a point of time where... apparently it's impossible to do that, but this case is going forward." Andrew Kelly's lawyer insists his client was sober at the time of the accident, and though Kelly allegedly declared that he'd have to be physically restrained before anyone tested his blood alcohol level, his lawyer maintains, "All he wanted was the most accurate form of testing."