P. Adam Militello
PRO

P. Adam Militello's Legal Cases (39)

Rochester, NY

DUI and DWI Lawyer at Rochester, NY

Practice Areas: DUI & DWI, Criminal Defense

Call for a consultation Call (585) 735-0052 Message View Profile
Call for a consultation Call (585) 735-0052 Message View Profile
DUI and DWI

People v. C.B. (Monroe County, NY)

Oct 18, 2023

OUTCOME: Case Dismissed after 'Scott' Hearing

Client was stopped at a sobriety checkpoint, admitted to drinking, failed the field sobriety tests, and gave a breath sample that tested their BAC at .19%. Sobriety checkpoints are inherently unconstit ... utional because unless they fit a very narrow set of criteria, they are an unreasonable search and seizure. Mr. Militello raised this issue in motion practice, took the case to a pre-trial hearing, and argued that the Prosecution failed to establish the criteria necessary to prove the checkpoint was legal. His argument prevailed, all the evidence collected by police was suppressed, and the Prosecution had no evidence to take to trial.

DUI and DWI

People v. K. D.

Oct 13, 2023

OUTCOME: Case Dismissed

Client was leaving a law enforcement fundraising event when they allegedly hit a mailbox and damaged a lawn. They allegedly refused a breath test, then refused some field sobriety tests while failing t ... he rest. Prosecutors did not file a certificate of compliance within the 90-days allowed by law, and we moved to dismiss the case on speedy trial grounds.

DUI and DWI

People v. D.B. (Monroe County)

Sep 14, 2023

OUTCOME: DISMISSED on motion after trial.

Two deputy sheriffs heard a crash while eating dinner, left to investigate. They allegedly found my client attempting to pump gas into a vehicle with a missing front tire. Client allegedly failed all t ... he field sobriety tests, and was charged with DWI.

DUI and DWI

People v. D.M. (Rochester City Court)

Apr 30, 2019

OUTCOME: Not guilty.

Client was pulled over for speeding. Second officer was called to conduct a DWI investigation. The second officer reported slurred speech, bloodshot eyes, balance problems. Body cam showed no slurred s ... peech, no bloodshot eyes, no balance problems.

Criminal defense

People v. D.M. (Monroe County)

Sep 12, 2018

OUTCOME: Two counts of Forcible Touching DISMISSED upon our motion.

Our client was charged with two counts of Forcible Touching. He was in his late 60's, with no criminal record. The complainant was in her 40's, and had been calling our client and visiting his house re ... gularly, even after she first alleged that she was touched inappropriately.

DUI and DWI

People v. A.W. (Monroe County)

Sep 05, 2018

OUTCOME: DWI charges DISMISSED completely upon our motion.

Our client was arrested for DWI when police found him sitting and drinking in his car, which was parked in the parking lot of his apartment. They had been called by a gas station attendant who alleged ... that he tried to buy beer from her before driving away.

DUI and DWI

People v. S.B. (Monroe County)

Aug 22, 2018

OUTCOME: NOT GUILTY of DWI; NOT GUILTY of Failure to Maintain Lane, NOT GUILTY of Failure to Update Registration, NOT GUILTY of Uninspected Vehicle, NOT GUILTY of Failure to Notify DMV of Address Change, guilty of the non-criminal offense of DWAI.

BAC of .12%; Our client was stopped for crossing the white fog line twice, and cooperated with police by taking the field sobriety tests as well as the breath test. On the Walk & Turn test he took the ... correct number of steps and performed the turn correctly. Nevertheless, the arresting deputy testified that our client failed all the Field Sobriety Tests.

DUI and DWI

People v. B.W. (Monroe County)

Aug 09, 2018

OUTCOME: NOT GUILTY of misdemeanor DWI, guilty of the non-criminal offense Driving While Ability Impaired. No jail. No probation.

Client with criminal record and a prior DWI refused a breath test and we took the case to trial.

DUI and DWI

People v. B.Z. (Monroe County)

Jul 25, 2018

OUTCOME: NOT GUILTY of misdemeanor DWI, guilty of the non-criminal offense Driving While Ability Impaired.

Our client had a BAC of .16% (that's twice the legal limit), but at trial Mr. Militello was able to achieve a not guilty verdict on the misdemeanor DWI.

DUI and DWI

People v. C.M.

Jan 09, 2018

OUTCOME: Not guilty of DWI, guilty of the lesser, non-criminal charge of DWAI. No jail, no probation.

Client was involved in an accident, then charged with DWI. She refused to take the breath test.

Avvo Rating

Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.

What determines Avvo Rating?
  • Experience & background Years licensed, work experience, education
  • Legal community recognition Peer endorsements, associations, awards
  • Legal thought leadership Publications, speaking engagements
  • Discipline Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.
Avvo Rating Levels
Learn More About the Avvo Rating