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An administrative law judge has refused to revoke the license of a cab driver who tested positive for marijuana — because a drug lab used by the Taxi and Limousine Commission initially reported that he tested positive for cocaine and then corrected its findings without explanation.

The Laboratory Corporation of America reported on June 28 that it founds 23 nanograms per milliliter of marijuana in cabbie Makhou Diaw’s system, well above the federal cutoff of 15 nanograms. However, the lab originally certified on June 15 that Diaw had cocaine in his system.

Judge Kevin Casey said he ruled in favor of the cabbie – even though he failed to show up at his own Aug. 17 hearing – because he didn’t want to ruin someone’s life based on “flawed and contradictory” results.

“There was no testimony, documents or explanation for the change,” Casey wrote in a five-page decision on Aug. 22.

“…The reported results for respondent’s drug test were flawed and contradictory. Though there may be a good explanation for the errors that occurred, no such evidence was offered.”

The TLC did not immediately return messages and Diaw could not immediately be reached for comment.

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