03/22/2010 05:12 am ET | Updated May 25, 2011

DWI Cop Defense: Vionique Valnord, Victim, Was Drunk

The attorney for a New York City police officer accused of killing a preacher's daughter while driving drunk has taken up a "blame the victim" defense.

Officer Andrew Kelly was allegedly intoxicated and "reeked" of alcohol when he hit Vionique Valnord in the early hours of September 27th.

Despite refusing to take a Breathalyzer test at the scene of the crime, police did not conduct a blood alcohol level test on Kelly until seven hours later, at which point results showed no booze in his system.

Now toxicology reports show that Valnord had a BAC of .22, almost three times the legal limit if she were driving.

Kelly's lawyer has seized on this information, saying, "It appears that she was drunk and she wandered into traffic" and that it was "probably her judgment" that "contributed to this accident."

Sanford Rubenstein, lawyer for the victim's family, responded that Valnord was a victim "irrespective of what her blood-alcohol level was" and again questioned why the officer wasn't given his own blood test.