Fiandach & Fiandach (Rochester NY)
toll free: 585.244.8910

ny dwi . com

Fiandach & Fiandach (Rochester NY)

585.244.8910

Fiandach & Fiandach - New York's First and Western New York's Only DWI Defense Specialist.
 
 
 

Our Results

"The clients of EDWARD FIANDACH of Brighton, one of the best known DWI defense lawyers in New York, were convicted of the top count only 13 percent of the time."

        - Reprinted from the Rochester Democrat & Chronicle -


People v. B.

   Client charged with DWI and Reckless Endangerment 1st after driving into a construction zone and striking three construction workers. All charges dismissed.


People v. R.G.

   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 guilty of all charges after trial.


People v. D. D

   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.  


People v. J. C.

   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.


People v. D. N

   One count of Felony Driving While Intoxicated. Client refused to submit to a chemical test.  County Court.  Client offered and accepted opportunity to plead guilty to DWAI (a traffic infraction) after pre-trial hearings.  


People v. M. A.

   One count of Manslaughter in the Second Degree, one count of Vehicular Manslaughter, two counts of Driving While Intoxicated. Client faced a State Prison term of five to fifteen years.  The result of the client's blood test was .16.  Client sentenced to 2 months county jail, two months home confinement, five years probation and six months license revocation.


People v. N. B.

   Two counts of misdemeanor Driving While Intoxicated.  0.18 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  All charges dismissed after trial.


People v. J.P.

   One count of Driving While Intoxicated. Client refused to submit to a chemical test.  Accident.  Town Court.  Client found Not Guilty of all charges after trial.  


People v. E.S.

   One count of Driving Under the Influence of Drugs (Vehicle and Traffic Law § 1192[4]), one count of Driving While Intoxicated (Vehicle and Traffic Law § 1192[3]), one count of Operating with at Suspended Registration (Vehicle and Traffic Law § 512) and Speeding in Zone ((Vehicle and Traffic Law § 1180[d]).  Town Court.

   At trial, the blood test evidence was suppressed by the court when the defense argued that the same was retrieved in violation of the client's Constitutional rights.  Client found not guilty of Driving Under the Influence of Drugs (Vehicle and Traffic Law § 1192[4]), not guilty of Driving While Intoxicated (Vehicle and Traffic Law § 1192[3]), not guilty of Operating with at Suspended Registration (Vehicle and Traffic Law § 512) and guilty of Speeding in Zone ((Vehicle and Traffic Law § 1180[d]).  Client fined $90.00 on the speeding violation.


People v. J.J.

   Two counts of Driving While Intoxicated. Client blew .16 on a DataMaster.  Town Court.  Client found Not Guilty of having .16 BAC.  Guilty, Driving While Ability is Impaired.


People v. F.

   Two counts Driving While Intoxicated. Client reportedly had a BAC (Blood Alcohol Content) of .18.  Client was a licensed Commercial driver.  ACD (adjournment in contemplation of dismissal) due to proof problems raised at trial.


People v. S.

   One count of Driving While Intoxicated. Client refused to submit to a chemical test.  Town Court.   All charges dismissed.  No probable cause for the arrest.


People v. T.

   Two counts of misdemeanor Driving While Intoxicated.  0.15 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM  and one count of unlawfully dealing with a minor.  Town Court.  All charges dismissed at trial.


People v. P.

   Two counts of misdemeanor Driving While Intoxicated.  0.15 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  All charges dismissed at trial.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated.  0.18 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  City Court.  Evidence suppressed, all charges dismissed.


People v. H.

    One count  Driving While Intoxicated. Client refused to submit to a chemical test.  Town Court.   Client found not guilty of all counts after trial.


People v. D.

   Two counts of misdemeanor Driving While Intoxicated.  0.17 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Not guilty, DWI (test), not guilty DWI (common law), driving while ability is Impaired after trial.


People v. S.

   Two counts of misdemeanor Driving While Intoxicated and one count of failing to keep right.  0.18 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  BAC charged dismissed.  Not guilty, DWI (common law), driving while ability is Impaired and failing to keep right at trial.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.19 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Charges dismissed.


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of failing to maintain lane.  0.16 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  All charges dismissed.  The court found no basis for the stop of our client's automobile.


People v. B.

   One count of felony Driving While Intoxicated. Client refused to submit to a chemical test.  County Court.   Client found not guilty of all counts upon a jury verdict.


People v. D.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.09 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of all DWI counts.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  No plea offer as client had prior dismissal within the past year.  Client found not guilty of both DWI counts at trial.


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.17 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Test suppressed at trial.  Not Guilty DWI.  Guilty DWAI.


People v. P.

   One count of misdemeanor Driving While Intoxicated and Failing to Stop at a Stop Sign.  .07 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  City Court trial.  All charges dismissed. 


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.16 BAC (Blood Alcohol Content) as measured by a National Draeger BreathalyzerTM .  Town Court.  Client found not guilty of all counts at trial.


People v. R.

   Two counts of misdemeanor Driving While Intoxicated,  0.14 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of DWI counts, guilty of the traffic infraction of DWAI.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .10 per cent or Greater of Alcohol in the Bloodstream).  0.17 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client stopped and subsequently arrested at a DWI Checkpoint.  Defense moved to dismiss based upon improper procedures employed at checkpoint. Hearing held.  Court agreed and dismissed all charges.  Click here to read the court's decision.


People v. W.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  City Court. Client arrested at a field sobriety checkpoint.  Although the court found the checkpoint to be valid, it nevertheless found no probable cause for the client's arrest.   All charges dismissed.


People v. S.

   One Count of Driving While Ability is Impaired by Drugs. Prescription drugs Town Court.  All charges dismissed upon defense motion.


People v. Z.

   Felony Driving While Intoxicated. Dismissed.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.15 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Test suppressed at trial.  Not Guilty DWI.  Guilty DWAI.


People v. C.

   Felony Driving While Intoxicated (DWI) and traffic infraction of driving the wrong way on a one-way street.  All evidence suppressed.  Charges dismissed in the interest of justice.


People v. W.

   Two counts of misdemeanor Driving While Intoxicated,  0.15 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client found not guilty of DWI counts, guilty of the traffic infraction of DWAI.


People v. T.

   Two counts of misdemeanor Driving While Intoxicated,  0.14 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Case involved a motor vehicle accident.   Client found not guilty of DWI counts, guilty of the traffic infraction of DWAI.


People v. S.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court.  Refusal.  Client acquitted of all charges after trial.


People v. C.

   Two counts of misdemeanor Driving While Intoxicated,  0.21 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  City Court.   Client found not guilty of DWI counts, guilty of the traffic infraction of DWAI.


People v. V.

   One count of felony Driving While Intoxicated. Client refused to submit to a chemical test.  County Court.   Client found not guilty of felony DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. C.

   One count of Driving While Intoxicated. Client refused to submit to a chemical test.  City Court.   Client found not guilty of felony DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. M.

   One count of Driving While Intoxicated. Client refused to submit to a chemical test.  City Court.   Client found not guilty of felony DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. F.

   One count of Driving While Intoxicated. Client refused to submit to a chemical test.  Town Court.   Client found not guilty of felony DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. F.

   Two counts of misdemeanor Driving While Intoxicated.  0.14 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   DWI charges dismissed after trial.  Guilty, DWAI.


People v. M.

   One count of misdemeanor Driving While Intoxicated. MVA.  Client struck tree, lightpole and fire hydrant.  Client refused to submit to a chemical test.  Town Court.   Client found not guilty of DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.17 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of both DWI counts at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. F.

   One count of misdemeanor Driving While Intoxicated. Client refused to submit to a chemical test.  Town Court.   Client found not guilty of DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.13 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of both DWI counts at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. G.

   One count of misdemeanor Driving While Intoxicated. Client refused to submit to a chemical test.  Town Court.   Client found not guilty of DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. M.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.14 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  City Court.   Client found not guilty of both DWI counts at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. R.

   One felony count of Driving While Intoxicated. Client refused to submit to a chemical test.  Client acquitted of DWI count.  Guilty found guilty of traffic infraction DWAI (Driving While Ability is Impaired) at trial.


People v. T.

   One count of misdemeanor Driving While Intoxicated. Client refused to submit to a chemical test.  City Court.   Client found not guilty of DWI at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. G.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of both DWI counts at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. A.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.13 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of both DWI counts at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. L.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.16 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client found not guilty of DWI.  Guilty of the traffic infraction of DWAI (Driving While Ability is Impaired).


People v. S.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.16 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client found not guilty of DWI.  Guilty, traffic infraction, DWAI (Driving While Ability is Impaired).


People v. W.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  All charges dismissed.


People v. D.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.18 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client found guilty of DWI. 


People v. S.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court.  Refusal.  Client acquitted of DWI charges after trial.  Guilty, Driving While Ability is Impaired.


People v. M.

   One count of misdemeanor Driving While Intoxicated (Driving While Intoxicated.  .05 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court trial.  All charges dismissed.


People v. S.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .10 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.13 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.   Client found not guilty of both DWI counts at trial.  Guilty traffic infraction DWAI (Driving While Ability is Impaired).


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client found not guilty DWI, guilty DWAI.


People v. R.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.16 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Breath test suppressed. Client found not guilty of both DWI counts at trial.  Guilty, DWAI.


People v. D.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court.  Refusal.  Client acquitted of DWI charges after trial.  Guilty, Driving While Ability is Impaired.


People v. K.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court.  Refusal.  Client acquitted of DWI charges after trial.  Guilty, Driving While Ability is Impaired.


People v. G.

   Two counts of Driving While Intoxicated (DWI). Serious personal injury accident.  Passenger in defendant's vehicle received permanent disabling injuries. Client acquitted of all criminal charges at trial.  Client found guilty, Driving While Ability is Impaired.  Sentenced to minimum sentence ($500.00 fine, $125 surcharge, six-month license revocation).


People v. L.

   Felony Driving While Intoxicated (DWI). 0.23 BAC (Blood Alcohol Content) as measured by blood.  This was a very serious motor vehicle accident involving two victims.  One victim was killed and the other seriously injured.   Client indicted for Vehicular Manslaughter, Manslaughter in the Second Degree, Vehicular Assault in the Second Degree, Felony DWI and other charges.  Client faced fifteen year state prison term.  Upon entry of a plea, the client was sentenced to probation with four months local incarceration.


People v. G.

   One count of misdemeanor Driving While Intoxicated (DWI).  City Court.  Refusal.  Client acquitted of DWI charges after trial.  Guilty, Driving While Ability is Impaired.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.15 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  City Court.  Client found not guilty of both DWI counts at trial and found guilty of one count of Driving While Ability is Impaired.


People v. S.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.25 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM . City Court.  Client pled guilty and sentenced to minimum sentence.


People v. P.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court.  Refusal.  Client acquitted of DWI charges after trial.  Guilty, Driving While Ability is Impaired.


People v. D.

   One count of misdemeanor Driving While Intoxicated.  0.07 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Vehicle stopped at a sobriety checkpoint.  Town Court trial.  All charges dismissedafter trial.


People v. G.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.21 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Found not guilty of Driving While Intoxicated, per se, at trial, guilty Driving While Intoxicated.


People v. F.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.10 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client pled guilty to one count of Driving While Ability is Impaired.


People v. Q.

   One count of misdemeanor Driving While Intoxicated (DWI), missing front license plate and refusing to submit to a breath screening device.  Town Court.  Refusal.  Client acquitted after trail of DWI and found guilty, Driving While Ability is Impaired.


People v. G.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty, Driving While Ability is Impaired.


People v. E.

   Felony Driving While Intoxicated.  Accident.  Client pled guilty to one count of Driving While Ability is Impaired (a traffic infraction) and leaving the scene of a property damage accident.


People v. S.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .10 per cent of or More of Alcohol in the Bloodstream).  0.14 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client observed to be vomiting at scene of stop and after arrest.  Client found not Guiltyafter a trialof all charges.


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.12 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client struck street sweeper in construction zone, client confused at scene.  Field sobriety tests discontinued due to inability to perform.  Client found not Guilty of DWI per se, not guilty after trial of DWI, guilty Driving While Ability is Impaired.


People v. C.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.18 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. T.

   One Count of Driving While Ability is Impaired by Drugs.  Town Court.  Urine test disclosed presence of THC metabolites.  Client found not guilty after trial.


People v. T.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.12 BAC (Blood Alcohol Content) as measured by a Smith & Wesson BreathalyzerTM test.  Town Court.  Client observed to be unconscious in burning vehicle at the side of the road.  Client found Not Guilty of all charges after trial. 


People v. A.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .08 per cent or Greater of Alcohol in the Bloodstream).  0.16 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM .  Town Court.  Client found guilty at trial.


People v. C.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. H.

   One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  City Court trial.  Client found not guilty of DWI, Guilty of Unlawful possession of Marijuana, Unlawful possession of Fireworks and Driving While Ability is Impaired.


People v. B.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.15 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Client has security sensitive job.  Negotiated plea to one count of Driving While Ability is Impaired


People v. A.

    One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  City Court trial.  Client acquitted of DWI.  Convicted, Driving While Ability is Impaired.


People v. S.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. K.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Client has security sensitive job.  Negotiated plea to one count of Driving While Ability is Impaired.


People v. R.

    Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. C.

    One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  City Court trial.  Client acquitted of DWI.  Convicted, Driving While Ability is Impaired.


People v. R.

    One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  City Court trial.  Client pled guilty to one count of Driving While Ability is Impaired.  Aggravated Unlicensed Operation in the Second Degree dismissed.


People v. H.

    One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  City Court trial.  Client acquitted of DWI.  Convicted, Driving While Ability is Impaired.


People v. K.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.14 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. F.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.15 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. B.

   One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  City Court trial.  Client acquitted of all charges.


People v. L.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.12 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Not Guilty of DWI per se, not guilty of DWI, guilty Driving While Ability is Impaired.


People v. O.

    One count of misdemeanor Driving While Intoxicated (DWI).  Refusal.  Town Court trial.  Client acquitted of DWI.  Convicted, Driving While Ability is Impaired.


People v. K.

   Two counts of Felony Driving While Intoxicated (DWI).  0.15 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client's second violation in five years.  Client permitted to plead to one count of misdemeanor and received minimum sentence.


People v. Z.

   One count of Driving While Intoxicated (DWI).  0.6 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Case dismissed upon motion.


People v. S.

    Felony Driving While Intoxicated. 0.25 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client's second arrest in five years.  Client found guilty of misdemeanor Driving While Intoxicated and fined $500.00.


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Charge of Driving While Intoxicated per se (driving with .10% of alcohol or more in the bloodstream) dismissed following the close of the People's case.  Charge of Driving While Intoxicated dismissed.  Client found guilty of driving While Ability is Impaired.


People v. K.

   One Count of Felony Driving While Intoxicated (DWI).  Supreme Court trial.  Client found not guilty of Driving While Intoxicated and guilty of the traffic infraction of Driving While Ability is Impaired.


People v. L.

   Two counts of misdemeanor Driving While Intoxicated (Driving While Intoxicated and Driving With .10 per cent or Greater of Alcohol in the Bloodstream) and one count of speeding.  0.17 BAC (Blood Alcohol Content) as measured by a National Patent Analytical Systems DataMasterTM . City Court.  Suppression motion denied.  Client pled guilty and sentenced to minimum sentence.


People v. L.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court trial.  Client found not Guilty of DWI guilty Driving While Ability is Impaired and excessively tinted windows.


People v. G.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.13 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court trial.  Client found not guilty on the charge of Driving While Intoxicated per se.  Client found not guilty of Driving While Intoxicated.  Client found guilty of driving While Ability is Impaired.


People v. McD.

   Two counts of Felony Driving While Intoxicated (DWI).  0.18 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client permitted to plead guilty to misdemeanor Driving While Intoxicated.  Fined $500.00.


People v. M.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court trial.  Refusal.  Client convicted as charged.  Notice of Appeal filed.


People v. S.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.15 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  City Court trial.  Not guilty on the charge of Driving While Intoxicated per se.  Not Guilty DWI.  Guilty Driving While Ability is Impaired.


People v. B.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court trial.  Refusal.  Client acquitted of all charges.


People v. B.

   One count of misdemeanor Driving While Intoxicated (DWI).  Town Court trial.  Refusal.  Client found not guilty of Driving While Intoxicated.  Client found guilty of Driving While Ability is Impaired.


People v. H.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.21 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  City Court trial.  Vehicle stopped for an equipment violation and illegal cellular phone use.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), Not Guilty of the equipment violation and guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]) and illegal cellular phone use.


People v. O.

   One count of misdemeanor Driving While Intoxicated (DWI).  Sobriety Checkpoint.  City Court.  Charge dismissed upon defense motion for speedy trial violation (CPL section 30.30).


People v. D.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for failing to failing to adhere to a traffic control device (Vehicle and Traffic Law section 1110[a]).  Client found Not Guilty of all charged counts and guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. Mc.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.15 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for illegal cellular phone use.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), Not Guilty of illegal cellular phone use and guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. M.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.14 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for failing to signal.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]) and failing to signal.


People v. W.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped as a result of an accident.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. S.

    Felony Driving While Intoxicated. 0.23 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client found guilty of misdemeanor Driving While Intoxicated.  Fined $500.00


People v. D.

    Misdemeanor Driving While Intoxicated.  Charge of Driving While Intoxicated (Vehicle and Traffic Law 1192[2]) dismissed by the court after the close of the People's case (Trial Order of Dismissal).  Client found not guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), not guilty of failing to keep right, not guilty of failing to adhere to a traffic control device and guilty of Driving While Ability is Impaired (Vehicle and Traffic Law 1192{1]) after trial.


People v. L.

   Two counts of misdemeanor Driving While Intoxicated (DWI).    Town Court.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. M.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.14 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for failing to signal.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]) and failure to signal.


People v. B.

   Misdemeanor Driving While Intoxicated (DWI).  0.9 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Speeding.  Town Court.  Client found not guilty of the DWI after trial.


People v. N.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.14 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for allegedly evading a sobriety checkpoint.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. N.

    Misdemeanor Driving While Intoxicated, chemical test refusal, Not guilty of DWI after trial.


People v. G.

    Two counts of misdemeanor Driving While Intoxicated (DWI).  0.19 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. N.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.22 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Client found guilty of both counts of DWI.  Received minimum sentences.


People v. S.

    Misdemeanor Driving While Intoxicated (DWI).  City Court.  0.8 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client found not guilty after trial.


People v. K.

    Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Stop occurred a a Sobriety Checkpoint.  Town Court.  Client found Not Guilty of Driving While Intoxicated (Vehicle and Traffic Law 1192[3]), Not Guilty of Driving While Intoxicated per se (Vehicle and Traffic Law 1192[2]), guilty of the traffic infraction of Driving While Ability is Impaired (Vehicle and Traffic Law 1192[1]).


People v. Z.

    Two counts of misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by an AlcoTestTM 7110 MKIIIc.  Single car accident.  Car flipped over in ditch.  Client previously convicted of Driving While Ability is Impaired (DWAI) within the preceding year.  Client also charged with failing to maintain lane and expired inspection.  Breath test suppressed upon defense motion in limine.  Defendant permitted to plead guilty to one count of the traffic infraction of Driving While Ability is Impaired (DWAI), failing to maintain lane and uninspected motor vehicle.


People v. M.

   Two counts of misdemeanor Driving While Intoxicated (DWI).  0.13 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for speeding.  Breath Test suppressed at trial.  Client found not guilty of both counts of Driving While Intoxicated and speeding.  Client found guilty solely of the traffic offense of Driving While Ability is Impaired (DWAI).


People v. M.

   Misdemeanor Driving While Intoxicated (DWI). 0.20 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Town Court.  Vehicle stopped for no front plate and illegal cell phone use.  Client also charged with possessing or using fictitious license.  Client found not guilty of Per Se count (0.20).  Client found guilty only of of talking on cell phone, traffic infraction of Driving While Ability is Impaired (DWAI) and no front license plate.


People v. B.

   Misdemeanor Driving While Intoxicated (DWI).  0.8 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Speeding.  Town Court.  Client found not guilty after trial.


People v. G.

    Misdemeanor Driving While Intoxicated (DWI).  0.11 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client also alleged to have run a red light.  Rochester City Court.  All charges dismissed.


People v. B.

   Misdemeanor Driving While Intoxicated (DWI).  0.14 BAC (Blood Alcohol Content) as measured by a DataMasterTM test. Client stopped at a DWI Sobriety Checkpoint.  Town Court. DWI charges dismissed after trial. Client convicted solely of the traffic infraction of Driving While Ability is Impaired.


People v. C.

   Misdemeanor Driving While Intoxicated (DWI).  0.16 BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Client initially stopped for speeding.  Rochester City Court.   DWI charges dismissed after trial. Client convicted solely of the traffic infraction of Driving While Ability is Impaired.


People v. C.
Felony Driving While Intoxicated and a chemical test refusal. Disposed of upon a plea to the traffic infraction of Driving While Ability Impaired. Ninety day suspension, conditional license and minimum fines.


People v. S.
Felony Vehicular Assault 2d, Misdemeanor Driving While Intoxicated, BAC reported to be 0.23%. Client alleged to have driven the wrong way on a divided highway resulting in a collision and serious injuries to the other operator. Client faced imposition of 1 and 1/3 to 4 years in State Prison.

    Disposed of upon plea. Client suffered only the mandatory license sanctions, no jail, five years probation and obtained written court permission to reapply for licensing privileges as soon as the commissioner would allow.


People v. J.
Misdemeanor charge with a Blood Alcohol Content (BAC) of 0.16%. Client's second violation in five years, accordingly, client would not be eligible for conditional licensing upon DWI or DWAI conviction. Disposed of by plea to Attempted DWI, with no license sanctions and minimum fine.


People v. S.
Felony Driving While Intoxicated (DWI) charges.   0.16% BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  All charges dismissed.


People v. Y.
Misdemeanor Boating While Intoxicated, 0.14% BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  All charges dismissed.


People v. O.
Driving While Intoxicated. Fatality. Client found guilty solely of the traffic infraction of failing to maintain lane. Sentenced to a fine and surcharge of $85.00.


People v. M.
Misdemeanor Driving While Intoxicated and Aggravated Unlicensed Operation (AUO). Motor vehicle accident with serious injury. All DWI charges dismissed. AUO reduced to no operator's license. Sentenced to conditional discharge and $30.00 surcharge.


People v. L.
Misdemeanor Driving While Intoxicated, chemical test refusal, ran red light and struck sign. Not guilty of all charges after trial.


People v. T.
Misdemeanor Driving While Intoxicated, roadblock, 0.16% BAC (Blood Alcohol Content) as measured by a DataMasterTM test.  Dismissed by local criminal court.


People v. H.
Misdemeanor Driving While Intoxicated, chemical test refusal. Dismissed by local criminal court.


People v. R.
Misdemeanor Driving While Intoxicated, motor vehicle accident, dismissed by City Court.


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