Citing revelations of problems at the Nassau County Police Department’s now-closed crime lab—including the mislabeling of blood alcohol test results—aNassau County Court, NY judgeset aside the conviction of a woman facing up to seven years in prison for vehicular assault and ordered a new trial. The decision was based on newly discovered evidence to set aside the conviction under New York Criminal Procedure Law §330.

The defendant was arrested after the car she was driving rear-ended another vehicle, injuring a passenger in the other car. She was found guilty of driving while intoxicated in addition to vehicular assault at a bench trial.

The judge noted that the evidence of problems at the lab created the probability that had it been received at trial, “the verdict would have been more favorable to the defendant”. He said that the trier of fact— himself in this case— would have had the option, if he had reasonable doubt about the validity of the blood test, to reject it and acquit the defendant or he could have considered a less serious charge.

At a post-trial hearing, the defense attorney produced evidence of “testing misfeasance” at the crime lab, such as testimony from a blood and alcohol analyst who admitted to mislabeling nine blood alcohol test results. He also pointed to public statements by the District Attorney raising questions about the reliability of the lab’s processing of evidence in criminal cases brought by her office.

New York Governor Andrew M. Cuomo appointed Inspector General Ellen N. Biben to investigate the lab and, according to an executive order, she will have the power to study, examine, investigate, review and make recommendation regarding its practices.

If you have been charged with driving while under the influence of alcohol and need an experienced DWI lawyer to help you, please call us at 585-484-7432 for a legal consultation.