The prosecution is hoping delays in procedure will not hurt their case against Officer Andrew Kelly, the off-duty policeman accused in a deadly drunk driving crash in Brooklyn over the weekend.
Reports say Kelly, 30, initially refused to give a blood sample or take a Breathalyzer test.
Kelly is accused of killing Vionique Valnord, 33, with his SUV early Sunday morning on East 56th Street and Avenue N in Flatlands.
A few hours later, a judge eventually granted a subpoena to get Kelly’s blood.
According to the Daily News, the case was further delayed when doctors wrongfully thought they needed Kelly’s consent to take a blood sample.
Reports say a test was finally done at 8 a.m. Sunday, seven hours after the crash.
Despite those setbacks, the paper says prosecutors still expect to prove Kelly’s blood alcohol level was above the legal limit.
Kelly was arraigned on charges of vehicular manslaughter and drunk driving. He posted $200,000 bond and is due back in court on Friday.
He’s also been suspended by the NYPD.
Michael Downs, another off-duty police officer who was in the car, was suspended for 30 days without pay and also faces departmental charges.