Meet Edward L. Fiandach, Esq.
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Based on 42 reviews
Based on 42 reviews
Edward L. Fiandach, Esq.
In 1976, nationally renowned Rochester New York DWI trial expert, Edward L. Fiandach, presented his first paper on Driving While Intoxicated. Since then he's given over 100 lectures on DWI, became New York's first Board Certified DWI Specialist, authored two sets of books on DWI,
In July of 2005 at a program conducted at Harvard Law School, Mr. Fiandach was honored by being named the Dean of The National College for DUI Defense.
This puts him at the top of the nation's DWI lawyers.
He is the first DWI attorney in the State of New York to ever be approved as a Board Certified DWI specialist by the American Bar Association and the only one in the Buffalo, Rochester, Utica, Syracuse, Binghamton and Watertown area. He is also rated "AV" by the nationally recognized Martindale-Hubble™ lawyer rating system. This is the highest rating a lawyer can receive. This puts him in the top 5 percent of all American lawyers.
Mr. Fiandach is frequently used as a source of DWI information by such prestigious news outlets as The New York Times, The New York Daily News, CNN, the Associated Press, ABC, The Harrisburg Patriot, Lawyer's Weekly and others. He has been a featured "Speaking Out" columnist in the Rochester Democrat & Chronicle on eleven occasions. He is a frequent guest of local television and is regularly interviewed by all local media as an expert on DWI and alcohol related issues. He is also a frequent guest on television, radio and internet talk shows.
A dynamic speaker, Ed Fiandach has lectured on DWI nationwide for groups such as the National College for DUI Defense, the Kansas Association of Criminal Defense Lawyers, the Georgia Institute of Legal Education, New York State Bar Association, the New York State Magistrates Association, the New York State Association of Criminal Defense Lawyers, Lorman Legal Education, the Erie County Bar Association, and numerous other professional organizations. He is a regent and founding member of the National College for DUI Defense. He has taught the subject of DWI to New York State Judges on behalf of the New York State Office of Court Administration. He owns and is a factory trained operator of the BAC DataMaster.
Mr. Fiandach is also an adjunct professor of Constitutional Law and Criminal Procedure at the prestigious University of Rochester. He teaches a course on Criminal Procedure and Constitutional Law to almost 100 upper classpersons.
Over the years Mr. Fiandach has consistently demonstrated that he is a force to be reckoned with in the face of incompetence or injustice. In 2001, for instance he was instrumental in exposing the incompetent and unjust practices of the Monroe County District Attorney's Office in the prosecution of felonies. Ignoring what was at times intense opposition from the local media, Mr. Fiandach called for the resignation of then District Attorney Howard R. Relin. Simultaneously, he petitioned then Governor George A. Pataki to launch an investigation into the disappearance of more than five thousand felony cases.
Although that two year investigation fell short of calling for Mr. Relin's resignation, it nonetheless acceded to many of Mr. Fiandach's complaints. Thereafter, Mr. Relin chose not to seek reelection.
Since he obtained a reversal in a murder appeal he argued after being admitted for only two months (see, People v. Egan (4th Dept. 1980) 72 AD2d 239, 424 NYS2d 546, Mr. Fiandach's career has been one of outstanding accomplishments and legal victories.
In 1989, for instance, 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).
In 1991, Lawyers Cooperative Publishing (now West Group) published Mr. Fiandach's first book, New York DWI. It instantly became the standard for serious DWI publications in the State of New York.
Also in 1991, he began writing his popular column in the Rochester Daily Record, "New York DWI." It ran until 1994 and consisted of over 150 weekly articles on DWI issues.
In 1992, in a televised DWI case that WROC TV 8 recently characterized as "one of the most high profile cases in the 1990's," Ed became the only attorney in the State of New York to obtain a verdict of "Not Guilty" for a client tried for Murder as the result of DWI. His client was alleged at trial to have driven 11 miles in the wrong direction with a .18 BAC on an interstate highway.
Also in 1992, Mr. Fiandach founded NYDWI.COM (now Fiandach.com) the internet's most complete source for information on New York DWI.
In 1993, he founded the New York DWI Bulletin as a monthly DWI publication for lawyers. Since then it has become the source of up-to-date DWI information for lawyers and judges across the state.
In 1994, Mr. Fiandach's 1400 page two volume treatise, New York DWI 2d was published by West Group.
His 1995 case, 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 ultimate 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.
Also in 1995, West Group published Mr. Fiandach's second DWI book, Handling Drunk Driving Cases 2d. This two volume set on the trial, law and science of DWI cases is used by lawyers from coast to coast.
In 1996, Mr. Fiandach became the first New York attorney to be factory trained on the BAC DataMaster. Mr. Fiandach received his certification at a course offered by National Patent Analytical Systems in Mansfield Ohio.
In 1997, Mr. Fiandach was hired to do a DWI appeal for an individual who had been sentenced to 15 years to life for DWI. The decision in People v. Donhauser, (1998) 255 AD 2d 933, 683 NYS 2d 357, represented the only successful appeal of such a sentence in the State of New York.
Also in 1997, in the only DWI ranking of its kind, the Rochester Democrat and Chronicle compared Rochester's top DWI lawyers and found Ed Fiandach's clients to be the least likely to be convicted of DWI. Comparing figures, the paper noted that his clients ". . . were convicted of the top count only 13% of the time," the lowest of all lawyers examined.
In July of 2002, Mr. Fiandach challenged the way DataMaster breath testing machines were calibrated. At the DWI hearings in People v. Rowley, Mr. Fiandach made the New York State Department of Criminal Justice Services admit, for the first time, that they do not calibrate these DWI test machines; they only verify manufacturer calibration.
In December of 2002, Mr. Fiandach was the author of an Op-Ed piece in the Rochester Democrat and Chronicle which explored the effectiveness of .08 as a per se blood/breath DWI alcohol limitation. The next day, in an editorial, the Rochester Democrat and Chronicle adopted in substance his position.
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 drunk 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 (People v. Beckwith, 309 A.D.2d 1253, 767 N.Y.S.2d 713).
On June 6, 2003, Mr. Fiandach gave his 100th DWI lecture to a lawyers group. The place was New York City and the lecture was entitled "Strategies in Blood Testing." It was given for the New York State Bar Association's annual "Big Apple DWI Seminar."
In 2004, Mr. Fiandach was named the Assistant Dean of the National College for DUI Defense. This is the second highest position of the nation's leading leading and only ABA recognized DWI defense organization.
In 2005, he was named the Editor of the Journal of the National College for DUI Defense. This is the national publication of the National College for DUI Defense and the only publication of its kind.
In 2006, Ed celebrated the birth of his son, Will, and was named Dean of the National College of DUI Defense. This made him the head of the nation's most prestigious certification and educational body for DUI attorneys.
In 2007, he was named to New York's Best Lawyers and Super Lawyers, which along with his superlative Martindale Hubble rating places him in the top 1% of American lawyers.
The passage of New York's tough new Leandra's Law in 2010 created several new offenses and significantly raised the penalties for those convicted of alcohol relates operating offenses. One aspect was elevation to the level of a felony those who have been arrested with a child aged 16 or under in the vehicle. On December 7th, 2010, in Steuben County, Mr. Fiandach obtained what may have been the first not guilty verdict in such a case. Leandra's Law also added a strict requirement for the installation of an ignition interlock device (IID) in the vehicles of those convicted of alcohol related crimes. Mr. Fiandach has been very active in fighting every aspect of this law, including motions seeking a declaration that the law is unconstitutional.
Over the years, his DWI clients have included doctors, nurses, airline and professional pilots, physicians assistants, lawyers, judges, professional musicians, professional athletes, priests, military personnel, politicians, police chiefs, fireman, bus drivers commercial drivers, CEO's, teachers, college administrators, professors, models, actors and actresses.
He owns and has also been trained by the manufacturer as an Operator of the National Patent Analytical System "DataMaster", the breath testing device in widest use in New York State.
When he's not with a client, in court or lecturing, Ed enjoys bicycling, Civil War history, skiing, cooking and most of all spending time with his wife and son (Jillian & Will) and their two dogs.