MINEOLA - A Long Island woman's DWI conviction has become the first case to be tossed out by a judge because of problems at the Nassau County crime lab. Erin Marino was convicted of aggravated vehicular assault last year after lab tests showed that she had three times the legal limit of alcohol in her blood.

Prosecutors say paperwork was switched in at least nine DWI cases, causing some drivers with no alcohol in their system to be charged with drunken driving. The mistakes have prompted thousands of alcohol and drug tests from the lab to be questioned.

The district attorney's office says it plans to appeal the judge's decision to throw Marino's case out.

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