Edward L. Fiandach’s Answers

Edward L. Fiandach

Rochester DUI / DWI Attorney.

Contributor Level 6
  1. DUI suspension in NJ, moving to NY. How to get hardship license?

    Answered about 1 year ago.

    1. Ernest DuBose
    2. Christopher Irvin Simser
    3. Edward L. Fiandach
    4. Eric Edward Rothstein
    5. Nikole M Wynn
    5 lawyer answers

    I don't believe that you will qualify for any form of conditional license. The DMV website is correct, there is no way to obtain a conditional license while you are suspended in NJ.

    5 lawyers agreed with this answer

  2. I got a felony dwi in 2002 and it is now 2013. can i get a gun now or do i have to go thrue steps to do so?..., and if so how do

    Answered about 1 year ago.

    1. Christopher Irvin Simser
    2. Eric Edward Rothstein
    3. Christopher Daniel Leroi
    4. Edward L. Fiandach
    4 lawyer answers

    I doubt that there is a Judge in New York that will sign off on a gun permit given these circumstances.

    4 lawyers agreed with this answer

  3. I have 2 outstanding dwi/dui fines that have not been paid yet and are about 7 years old, what should my coarse of action be?

    Answered about 1 year ago.

    1. Michael R Varble, Esq.
    2. Howard A. Schwartz
    3. Eric Edward Rothstein
    4. James C Forslund
    5. Michael J Palumbo
    6. ···
    6 lawyer answers

    Pay them.

    3 lawyers agreed with this answer

  4. DWI refusal of chemical

    Answered about 1 year ago.

    1. Michael David Elbert
    2. Amanda K. Ambrose
    3. Michael Evan Greenspan
    4. Joseph A Lo Piccolo
    5. Jonathan Brian Manley
    6. ···
    9 lawyer answers

    Well, without knowing the particulars as to how you performed on the Field Sobriety Tests, it is hard to say. My rule of thumb, though is that you always have a fighting chance with a refusal.

    3 lawyers agreed with this answer

  5. If convicted of a DUI in NYC (0.11 in the Bronx) can I get that expunged over time and if not can I still get a DEA License?

    Answered about 1 year ago.

    1. Joseph A Lo Piccolo
    2. Eric Edward Rothstein
    3. Michael J Palumbo
    4. Christopher Irvin Simser
    5. Samuel Cohen
    6. ···
    6 lawyer answers

    New York does not recognize any form of expugment. What type of DEA license are you looking to obtain?

    3 lawyers agreed with this answer

  6. Probation Reduction is it possible ?

    Answered about 1 year ago.

    1. Joseph A Lo Piccolo
    2. Daniel Nelson Deasy
    3. Cambria L Lisonbee
    4. Ethan Patrick Meaney
    5. Edward L. Fiandach
    6. ···
    6 lawyer answers

    My advice is that you have a heart to heart discussion with your probation officer. Getting a lawyer involved will do no good as, in my experience, the judge who placed you on probation will place almost 100% reliance upon the probation officer's assessment.

    3 lawyers agreed with this answer

  7. In NYS what is an Article 78

    Answered about 1 year ago.

    1. Kevin Joseph Abruzzese
    2. Joseph A Lo Piccolo
    3. Eric Edward Rothstein
    4. Edward L. Fiandach
    4 lawyer answers

    I see your problem. You are being denied licensing. It is a civil lawsuit filed against the Department of Motor Vehicles.

    2 lawyers agreed with this answer

  8. What's a refusal hearing? I have one coming up, do i need lawyer?

    Answered about 1 year ago.

    1. Howard A. Schwartz
    2. Michael C. Wild
    3. Amanda K. Ambrose
    4. Christopher Irvin Simser
    5. Samuel Cohen
    6. ···
    8 lawyer answers

    Yes, you should have an attorney. Under the new regulations (15 NYCRR Parts 132 - 136) a confirmed refusal to submit is an alcohol or drug related incident and will be given the same force and effect as a conviction when DMV conducts a review. Additionally, your attorney may be able to obtain helpful testimony in the form of cross-examination if he or she attends that hearing.

    1 lawyer agreed with this answer

  9. NY 11941B Refusal To Take Breath Test, but took sobriety test and passed, no arrest.

    Answered about 1 year ago.

    1. Howard A. Schwartz
    2. Eric Edward Rothstein
    3. Christopher Irvin Simser
    4. Ernest DuBose
    5. Edward L. Fiandach
    5 lawyer answers

    OK, if I understand the situation correctly, you passed the physical field sobriety tests, were not charged with DWI but you were asked to submit to a hand-held so-called preliminary breath test. Oddly, the refusal to take this test is construed by the court's to be a violation, although there is an active back and forth as to whether it is or is not. The refusal you are alluding to in your account is a different refusal. It is a refusal to submit to an evidentiary test, which I do not...

    1 lawyer agreed with this answer

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