Rochester, NY
DUI and DWI Lawyer at Rochester, NY
Practice Areas: DUI & DWI
OUTCOME: .17 DWI dismissed
Motorist was stopped following a 911 call describing a "sick or intoxicated motorist." Conviction overturned by New York's highest court which found that the 911 call was not properly substantiated.
OUTCOME: Case dismissed
Two counts of misdemeanor Driving While Intoxicated including Aggravated Driving While Intoxicated. Client submitted to a breath test which resulted in a .21 BAC and an accident. Town court. Not gui ... lty of all charges after trial.
OUTCOME: Longest NY DWI sentence overturned..
In 2003 Mr. Fiandach won an unprecedented DWI sentencing appeal. This time he won the appeal of six time convicted drunk driver Brian Beckwith who received the longest sentence ever handed out to a dr ... unk driver in the state of New York. In a 1999 proceeding that was praised statewide by Mothers Against Drunk Drivers, the 37 year old motorist, who was not represented by Fiandach & Fiandach at trial, was sentenced to sixteen years to life for DWI. As a result of Mr. Fiandach's successful representation, the Appellate Division Fourth Department overturned this draconian sentence.
OUTCOME:
Pringle v. Wolfe, 164 Misc2d 733, was the first Supreme Court decision to declare DWI §1193 (2) (e) (7) unconstitutional. Further litigating the matter through the United States Supreme Court, the ulti ... mate decision significantly weakened the power of the State to take a motorist's license simply because he or she had .08% of alcohol or greater in the blood.
OUTCOME: Felony DWI dismissed
In 1989, Mr. Fiandach's investigation disclosed a witness to "lot switching" in the manufacture of DWI Breathalyzer® ampoules. His Rochester hearings were the basis upon with the New York City Criminal ... Court suppressed Breathalyzer® tests in People v. Serrano, 142 Misc2d 1087. His 1991 appellate victory in People v. Uruburu, 169 AD2d 20, reversed the order of the Monroe County Court (Wisner. J., presiding) and mandated suppression in an untold number of DWI cases statewide (see e.g., People v. Sperber 199 AD2d 725).
OUTCOME: Case dismissed
One count of Felony Driving While Intoxicated. Client refused to submit to a chemical test. County Court. Client found Not Guilty of all charges after trial.
OUTCOME: Case dismissed
Two counts of misdemeanor Driving While Intoxicated. 0.18 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM . Town Court. Not Guilty after trial.
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