• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Officer suspended for giving 'DWI' cop water

Lita456

Well-known member
Joined
May 10, 2009
Messages
2,273
Reaction score
1,013
Location
New Joisey
Gender
Female
Political Leaning
Undisclosed
I am outraged with this case. This cop kills an innocent woman because he WAS drinking - admits he was drinking to officers at the scene - refuses a breathalyzer test, (I know it's not in this article, but I just saw it on TV), the cops giving him water, gum, they have to get a warrant to get bloodwork done to check his alcohol content, all of this takes 7 hours and guess what? When the results came back 7 to 8 hours later, bingo! No, alcohol in his system. WTF????

If it were you and I, we'd be immediately hauled to the nearest station and a breathalyzer given, and/or they have one at the scene to give you. Ten minutes max. I can't believe this..........

http://www.nypost.com/p/news/local/brooklyn/officer_suspended_for_giving_dwi_WnU6kugozzbsg3NPbvK9UL

An anti-crime officer has been suspended for giving a stick of gum and water to accused DWI cop Andrew Kelly soon after he mowed down a minister’s daughter in Brooklyn, police sources said today.

A female sergeant has also been reassigned from night tours to a daytime shift and could face departmental charges for the delay in getting Kelly to a hospital to check his blood-alcohols levels, according to the sources.

A stunning seven hours elapsed between the time Kelly struck Vionique Valnord, 33, and the administration of blood tests. No alcohol was found in his system.

All of the NYPD supervisors involved in the case are being re-interviewed by officials in the department’s Internal Affairs Bureau, who are trying to determine whether there was a cover-up.

The anti-crime officer was suspended late Wednesday night.

Kelly, 30, has been charged with vehicular manslaughter and DWI.
 
Last edited by a moderator:
While it might be true that the officers delayed too much here, it's not true that they would have taken anyone else to the station and forced them to take a breathalyzer, and it's definitely not true that it would always happen within 10 minutes.

The police cannot force you to take a breathalyzer - if you refuse, they have to get an order to check your actual BAC, which takes some time. This is generally the smart thing to do, which is why the cop did it.
 
I may have over exaggerated about the 10 minutes, but it doesn't usually take 7 hours. I don't believe it and neither does most of the east coast who know about the case, IMO.

You must admit, it does not look good when your don't take a breathalyzer test, moreso for a police officer in the city he works in who's being accused.

It's been said, that the other officers were covering for him....they wanted to delay the bloodwork and that is what seems to have happened. The police officer did admit, at the scene, he had 6 - 8 beers....they also said his eyes were bloodshot, he was slurring his words and beer cans in the vehicle....there was also another officer in the car with him, that fled the scene.

I smell coverup in this case.....just doesn't wash....
 
they should be subjected to the same laws we are
 
I may have over exaggerated about the 10 minutes, but it doesn't usually take 7 hours. I don't believe it and neither does most of the east coast who know about the case, IMO.

I'm not asking you to believe it, but simply pointing out that anyone (cop or not) can refuse to take a breathalyzer and will thus force the police to go through the same process. It usually takes several hours, though I don't know the exact number. I wouldn't be surprised to find out that they delayed it longer than usual to try to cover for this guy. If they did, it sounds like those other cops will be punished.
 
Hmmm, I'm surprised you say it takes several hours....any media outlet I've watched regarding this case, has said, 7 hours is way too long to get blood taken....

There were others that were disciplined:

The officer who was disciplined was on duty and responded to a report of the crash early Sunday; he gave water to the off-duty officer, Andrew Kelly, whose sport utility vehicle struck and killed a 32-year-old woman, the person said. The responding officer, whose name was not released by the police, has been suspended without pay.

Officer Kelly has been suspended without pay for 30 days, the police have said. A second off-duty officer, Michael Downs, was a passenger in Officer Kelly’s vehicle, but left the scene shortly after the accident; he has been suspended for failing to render first aid and to identify himself to responding supervisors.

http://www.nytimes.com/2009/10/03/nyregion/03dwi.html

Just saying, doesn't seem right.......
 
Hmmm, I'm surprised you say it takes several hours....any media outlet I've watched regarding this case, has said, 7 hours is way too long to get blood taken.....

7 hours is a long time, because the alcohol is generally gone or diminished by then. However, it usually does take a few hours, as they have to get a warrant from a judge.

There were others that were disciplined:

The officer who was disciplined was on duty and responded to a report of the crash early Sunday; he gave water to the off-duty officer, Andrew Kelly, whose sport utility vehicle struck and killed a 32-year-old woman, the person said. The responding officer, whose name was not released by the police, has been suspended without pay.

Officer Kelly has been suspended without pay for 30 days, the police have said. A second off-duty officer, Michael Downs, was a passenger in Officer Kelly’s vehicle, but left the scene shortly after the accident; he has been suspended for failing to render first aid and to identify himself to responding supervisors.

http://www.nytimes.com/2009/10/03/nyregion/03dwi.html

Just saying, doesn't seem right......

I agree that the guy is almost certainly guilty.
 
Hmmm, I'm surprised you say it takes several hours....any media outlet I've watched regarding this case, has said, 7 hours is way too long to get blood taken....

There were others that were disciplined:

The officer who was disciplined was on duty and responded to a report of the crash early Sunday; he gave water to the off-duty officer, Andrew Kelly, whose sport utility vehicle struck and killed a 32-year-old woman, the person said. The responding officer, whose name was not released by the police, has been suspended without pay.

Officer Kelly has been suspended without pay for 30 days, the police have said. A second off-duty officer, Michael Downs, was a passenger in Officer Kelly’s vehicle, but left the scene shortly after the accident; he has been suspended for failing to render first aid and to identify himself to responding supervisors.

http://www.nytimes.com/2009/10/03/nyregion/03dwi.html

Just saying, doesn't seem right.......

Well if it took only 7 hours for the alchohol to get out of the system and the human body can process 1 drink every hour I wonder if the guy would have been over the .08 limit anyways.
 
Well if it took only 7 hours for the alchohol to get out of the system and the human body can process 1 drink every hour I wonder if the guy would have been over the .08 limit anyways.

His blood alcohol level was zero after seven hours. Funny part is, another cop on the scene said he had bloodshot eyes, slurring his words, and he smelled of alcohol......
 
While it might be true that the officers delayed too much here, it's not true that they would have taken anyone else to the station and forced them to take a breathalyzer, and it's definitely not true that it would always happen within 10 minutes.

The police cannot force you to take a breathalyzer - if you refuse, they have to get an order to check your actual BAC, which takes some time. This is generally the smart thing to do, which is why the cop did it.

In Texas they have been placing special DWI judges to issue warrants within minutes of an arrest.
 
In Texas they have been placing special DWI judges to issue warrants within minutes of an arrest.
I've heard that they have rolling blood labs to go along with them here, too.

The word now is that you're supposed to insist on your attorney being present. Don't know if that's true or not, though.
 
I've heard that they have rolling blood labs to go along with them here, too.

That is what Ive heard.

The word now is that you're supposed to insist on your attorney being present. Don't know if that's true or not, though.

That is what a lawyer friend of mine told me to do.
 
While it might be true that the officers delayed too much here, it's not true that they would have taken anyone else to the station and forced them to take a breathalyzer, and it's definitely not true that it would always happen within 10 minutes.

The police cannot force you to take a breathalyzer - if you refuse, they have to get an order to check your actual BAC, which takes some time. This is generally the smart thing to do, which is why the cop did it.




Only if you didn't kill someone. Aren't the penalties in NYfor DUI harsher if you refuse?
 
Well I went on a NYC defense attorney website and this one stated:

What constitutes a Refusal to Take the Breath Test

You don't actually have to verbally say "No" in order to refuse to take the breath test. All the police have to do is read you the DMV warning and even if you do nothing, it is considered a refusal by DMV. I have had clients who were completely unconscious who were considered refusers by the DMV for purposes of this Hearing. Your best bet is to vacillate and question everything for as long as possible. However, remember, the police must give you the test within 2 hours of your arrest time. If you drag things out past that time limit, then the test results are inadmissible in court. The police obviously know this too, so if you're getting close to the 2 hour limit, they'll simply advise you one last time and then determine that you refused.


What Constitutes a DWI Refusal in New York - Avvo.com

Interesting - so they can't even use it in court since it's past 2 hours, but they still have witnesses statements....still...it's not right.......
 
There is a difference between drinking and driving and driving while impaired. I haven't read everything on this yet, however I have a serious doubt in my mind that this offender would have been over the legal limit if all presence of alcohol was gone from his system within 7 hours.

That said, "the legal limit" is only a statutorily defined number. A person can still be charged with DUI and be under the limit, provided there is actual evdience of impairment. Witness testimony may still yet seal this guys fate.

Regarding warrants for blood. They can in fact take several hours to get. In Missouri you need to find a prosecutor, provide him with the facts, sign an affidavit, the prosecutor must find a judge, present the affidavit and complaint to the judge, who then has to complete and sign the warrant. Which then has to be presented to the hospital before they will draw and surrender a persons blood to the police as evidence.
 
Prime example of how they look for their own even when it is the wrong thing to do. Dirty as hell:(
 
Back
Top Bottom