New York's #1 DWI Defense Firm Based On:

* Results

* Reputation

* Respect

Best Law Firms - Regional Tier 1 Badge

New York's #1 DWI Defense Firm Based On:

* Results

* Reputation

* Respect

Best Law Firms - Regional Tier 1 Badge

New York's #1 DWI Defense Firm Based On:

* Results

* Reputation

* Respect

Best Law Firms - Regional Tier 1 Badge

Rochester’s Trusted DWI Attorneys


There are times you can’t shop for price. Motorcycle helmets and parachutes are just two examples. DWI is a third. Each has life-long consequences. A low price might get you a lawyer, but not the best defense. 


If you’ve been charged with DWI in New York, you have choices:

 

Either you can choose an attorney who has read the book, or you can choose the attorney who wrote the book.



Rochester’s Trusted DWI Attorneys


There are times you can’t shop for price. Motorcycle helmets and parachutes are just two examples. DWI is a third. Each has life-long consequences. A low price might get you a lawyer, but not the best defense. 


If you’ve been charged with DWI in New York, you have choices:

 

Either you can choose an attorney who has read the book, or you can choose the attorney who wrote the book.

BREAKING NEWS:

 

The Appellate Division Fourth Department has granted Mr. Fiandach and his client permission to appeal to New York State's highest Court, the Court of Appeals. The primary issue is whether crossing the so-called "Fog-Line" is a violation of New York's Vehicle and Traffic Law so as to justify the stop of his client's vehicle.

RECENT RESULTS:


Charged January 1, 2023: Accident Case; Driving While Intoxicated, Driving While Intoxicated, per se.

Concluded March 4, 2024: Not Guilty on All Charges



Charged April 13, 2023: Failed to Use Designated Lane; No Distinctive Plate; Operating While Using Electronic Device; Driving While Intoxicated (refusal)

Concluded January 24, 2024: Dismissal

              This is the second dismissal we obtained for this client in three years!


Charged August 27, 2022: Accident Case; Failed to Keep Right; Speed Not Reasonable and Prudent; Operating While Using Cell Phone; Driving While Intoxicated; Driving While Intoxicated, per se.

Concluded January 24, 2024: DWAI (traffic infraction) in full satisfaction of all charges.


Charged July 15, 2023: Driving While Ability Impaired -Drugs; Speeding 65/45

Concluded December 19, 2023: Dismissal of DWAI-Drugs - Convicted of Speeding


Charged March 31, 2023: Driving While Intoxicated; Aggravated DWI (.22 BAC)

Concluded December 13, 2023: DWAI (traffic violation)


Charged April 29, 2023: Driving While Ability Impaired -Drugs; No/Inadequate lights

Concluded December 8, 2023: Dismissal


Charged July 21, 2023: Driving While Intoxicated, Driving While Ability Impaired; Failed to Yield Right of Way.

Concluded December 1, 2023: Dismissal


Charged July 15, 2023: Driving While Intoxicated; Refusal to Take Breath Test; Speeding (57/35)

Concluded November 9, 2023: Dismissal


Charged April 18, 2023: Accident Case - Aggravated Driving While Intoxicated (.33 BAC); Driving While Intoxicated; Failed to Yield Right of Way.

Concluded November 2, 2023: DWAI (traffic violation) in full satisfaction of all charges.


Charged July 25, 2023: Driving While Ability Impaired-Drugs; Moved From Lane Unsafely; No Signal.

Concluded November 1 , 2023: Dismissal of DWAI-Drugs and No Signal - Convicted of Moved From Lane Unsafely violation.


Charged January 14, 2023: Aggravated Driving While Intoxicated (.21 BAC); Driving While Intoxicated; Speeding (58/30).

Concluded October 27, 2023: DWAI (traffic violation) in full satisfaction of all charges.



Since 1990, Edward Fiandach’s, New York Driving While Intoxicated, now in its third edition, is the authority in New York on DWI defense. Additionally, he has also written Handling Drunk Driving Cases 2d which is used by defense lawyers across the country.

 

If you’ve been charged with DWI in New York, you have another choice:

 

You can either choose an attorney who attends the classes, or you can choose the lawyer who teaches other lawyers how to defend DWI.


Since 1990, Edward L. Fiandach has taught tens of thousands of lawyers how to defend DWI in more than 300 lectures across north America.

 

If you’ve been charged with DWI, for the sake of your future, make the right choice, Edward Fiandach at Fiandach & Fiandach.

Mr. Fiandach is only one of four attorneys in the entire State of New York who is Board Certified by the National College for DUI Defense and the American Bar Association to practice DWI Defense. Unless an attorney is so certified, he or she may not claim to be a specialist in DWI defense. Additionally, he was the first attorney in the State of New York to achieve such Certification.

Speaking Engagements


SPEAKING ENGAGEMENTS

* December 9th, 2022 New York State Bar Association - DWI on Trial:  The Big Apple XXII - Topic: Challenging Breath Tests without an Expert held in New York City, New York

* August 19th, 2022 New York State Defenders Association - Topic:  Gas Chromatography and Reverse Extrapolation

* July 15th, 2022 National College for DUI Defense, Summer 2022: Superstars of DUI - Topic:  Breakaway, the Art of Handling the Unexpected at Trial held in Chicago, Illinois

* June 3rd, 2022 Epstein DWI Defense Institute - Handling Death and Injury Cases held in Long Island, New York

* June 3rd, 2022 Epstein DWI Defense Institute - Pitfalls of Retrograde Extrapolation in DWI Cases held in Long Island, New York

* June 29, 2023 - National College for DUI Defense - virtual - Topic: Strategies in Confronting Body Worn Camera Footage

 * August 18, 2023 - New York State Defenders Association, Strategies in Confronting Body Worn Camera Footage

Your Trial Lawyer


The fact of the matter is that most DWI cases do go to trial.


To effectively be defended at your trial you need a real courtroom lawyer, one that has tried numerous cases, not some new to the game associate.


Since 1979, Edward Fiandach has tried more than 4,000 DWI cases. Mr. Fiandach knows that if a case is going to be won or lost depends upon split second decisions made in the heat of the courtroom. He knows that this is no place for amateurs with notebooks, IPads or written questions. He knows that the difference between winning and losing rides upon the ability to listen to the witness then be able to take that testimony on use it effectively in favor of his client.


Most importantly, Edward Fiandach knows that at your trial, you must have the lawyer you hired. You don’t want some “associate” right out of law school, you want and should expect the attorney you hired to defend you.


With every case he accepts, Edward Fiandach makes one irrevocable promise. That he, Ed Fiandach, and not some “associate” will be the lawyer who stands by your side at trial – and most importantly, from the day you first walk into court, prosecutors across New York State, from Buffalo to Long Island know it.

Protecting your rights


Edward Fiandach knows how to protect your rights, no matter what it takes.

 

In 1990, Edward Fiandach brought New York’s breath testing program to its knees when he exposed lot switching in the manufacture of breath testing chemicals.

 

In 1996, Edward Fiandach, on behalf of his client, attacked New York States BAC Summary Suspension program all the way to the United State Supreme Court.

 

In 1997, Edward Fiandach won an important 1st Amendment case in the Federal Second Circuit Court of Appeals, just one level below the United States Supreme Court.


In 2015, in defense of his client, he went all the way to New York’s highest court, The New York State Court of Appeals in Albany to reverse the Naples Town Court and the Ontario County Court to obtain a dismissal when his client was stopped on the basis of anonymous hearsay.


At Fiandach & Fiandach, you get a guarantee that everything and anything necessary to protect your rights will be done.

Our Reviews


Ed and his team went above and beyond. I cannot say enough to express my gratitude in how my case was handled. From the first encounter with Ed and his team, I immediately felt a weight lifted and knew I was in good hands. He explained everything to me in a way in which I could understand. He was with me every step of the way and I can’t tell you how much I appreciated that. Any question I had along the way, I could call his office or him personally to help set my mind at ease. His and his staff’s knowledge and understanding of the law is impeccable. I highly recommend Fiandach & Fiandach, I am so glad I chose him as my attorney.

– Jennifer C.

Definitely knowledgeable. He has a good grasp of exactly how the machine works that you breath in to get the DWI alcohol number (which was all Greek to me when he ran through it) but it mattered when the case ended. Pretty complicated stuff but that's why they say you should always get an expert no matter what field they're interested in. – Scott W.

Mr. Fiandach was one of the few lawyers I spoke with that made me feel like person when I was looking around. His office was very helpful and patient the whole time and made me feel very comfortable with my case in their hands . I was very happy with the outcome of my case and couldnt have asked for better. I would highly recomend them to anyone in need of a lawyer ! Thank you again Fiandach & Associates for all your help! – Jason H.

Without going into detail; Ed is the finest, most knowledgeable, and conscientious attorney I’ve had the pleasure to meet. I highly recommend him and his firm for your legal needs. – Marti C.

Ed Fiandach recently represented a family member, and we were very impressed with not only his legal abilities, but also his encouraging, caring attitude. His legal expertise is spot on, and he is also a nice guy. Perfect combination for helping someone through a difficult situation. Highly Recommend! – Lynn O.

As a Michigan criminal defense attorney I appreciate the professionalism and assistance Fiandach & Fiandach attorney John Magistro provided on a mutual client issue. Great firm. – Michael B.

I made some mistakes years ago and got myself in a real legal pickle, and thought I'd never be able to come back from it. Not only was Ed personable and represented me to the fullest he could then, which I much appreciated, but also, he was straight with me the whole time, and told me to just keep fighting the good fight and I could call him when it was time to get back on my feet fully in life too. So I have years later when it was time...and he and his firm staff have been there for me every frustrating step, helpful, responsive, attentive, and encouraging. – Sherelle B.

Ok, I will preface this by saying that the final outcome of my case was much better than I had hoped. Long story short the charges were dropped due to the arresting officer failing to show up on 2 occasions to take the witness stand. I credit Ed and his team of lawyers and other staff who are all very knowledgeable about the process. I feel any other cut rate attorney would not have stayed the course the way Ed's team did. They have a process that just works! No wonder he wrote the book on this legal subject! The entire process took a little more than a year but the outcome was worth it! Hard lesson learned and I will never EVER be dumb enough to repeat this ordeal, but if I ever do I would hire Ed and his team again. It was not cheap but as the old saying goes, you get what you pay for! I can not thank these guys enough and I highly recommend them to anyone facing a DWI! Or better yet.... DONT put yourself in that position, CALL AN UBER!! It's not worth the risk! – Robert S.

In April of 2021 I got into an accident involving 2 cars and a house and I couldn't be happier with the work Mr. Fiandach and his team brought for my defense. My case had a lot of ups and downs involving the prosecution over the stretch of a year. Mr. Fiandach and his team handled these delays and the entire process perfectly which resulted in my case being dismissed. Couldn't be happier with my decision to choose Fiandach & Fiandach for my case.

Potential for LIFETIME revocation, RESULT of 90 Day Suspension, Privilege RESTORED


 In July of 2020, during the midst of the COVID-19 pandemic, I was charged with my 3rd alcohol related driving offense. The day started with drinks with friends and ended with me going to sleep around 6pm. Roughly 6 hours later, I woke up and decided to get into my car and drive to a local restaurant not realizing that my BAC was still over the legal limit. Yes, that’s right – 6 hours later I was still over the legal limit, feeling completely fine to drive. I mistakenly assumed 6 hours was enough to metabolize the alcohol in my system – I was wrong.


I made a left hand turn in front a police officer that allegedly was illegal (VTL-1141). After being pulled over, I was asked to step out of the car and perform the standard field sobriety tests. I agreed as I felt completely fine and I did well on all of the tests as the bodycam later showed. I was asked to blow into the roadside breathalyzer (that is non-admissible in court) and shortly after I was placed under arrest for driving while intoxicated. At this point I was in shock. I had two prior DWAI convictions, one from 2005 and one from 2010. I was always careful not to drink and drive and now I’m in a situation I’d never thought I’d be in again.


Being in my late 30’s with a successful career I could not afford to make the same mistakes again. In the back of the police car, I asked to speak to my attorney, Ed Fiandach. It was midnight on a Saturday and Ed answered the phone within a couple of rings. Ed explained to me that because this was my 3rd offense within 25 years, I did not have the option to refuse the breath test at the station. The laws changed in 2012 and if I refused the breath test at the station, best case scenario I would automatically lose my license for 5 years and then I’d have another 5 years with a restricted license where I would need a breathalyzer installed to legally drive – a total of 10 years. These laws were new to me but I trusted his guidance. At the station I blew a .13. I couldn’t believe it, still completely in shock. Afterwards, I was dropped off to a family member’s house both ashamed and embarrassed. The next day, I began researching the new DWI laws that passed in 2012. It turned out that because this was my 3rd offense in 25 years and if convicted of the traffic violation I would be over 20 points on my license, I would lose my license for the rest of my life. If convicted of either of the two DWI charges (VTL-1192(2) or VTL-1192(3)), I would no longer be able to drive in the United States for the rest of my life.


Ed’s advice to blow into the breath test at the station was my only hope. I needed to overcome the traffic violation and both DWI charges to even have a chance at driving again. If I didn’t blow that night at the station, my life would have been forever changed as I wasn’t aware of the new laws. Now I’m in full panic mode, planning for the worst in my life. The endless sleepless nights and anxiety I wouldn’t wish upon my worst enemy. Ed was extremely supportive, honest, and explained all of my options. While he could not guarantee a result, he remained cautiously optimistic. I hired Ed Fiandach exclusively. I needed the best attorney that was available – I did not have the option for settling. Ed’s credentials are vast and long. He’s board certified by the National College for DUI Defense and has more awards than any other DWI defense attorney in the area. He’s written books, publications, has over 200 articles pertaining to DWI/DUI enforcement, and has given over 300 lectures on related DWI/DUI topics and defense. In my opinion, he is arguably one of the best DWI defense attorneys in the nation.


There were over 10 court dates with constant delays due to COVID-19. The courts were closed, reopened, delayed, and we saw 3 different Assistant District Prosecuting Attorneys comes and go. Ed was able to navigate through these once in a lifetime circumstances and remained focused on my case. The first challenge was overcoming the potential 21 points on my license. Ed realized that we needed to be under 20 points to go to trial and attempt a defense. We could not risk a guilty verdict combined with 21 points – that would result in a lifetime revocation. Ed reviewed my lifetime driving abstract and noticed an old speeding ticket that I plead guilty to in 2010. Because I pled guilty via mail and did not challenge the ticket, we had the option to reopen the case under what’s called “coram nobis” and reduce the 6 points that came with the conviction. Ed called Henrietta Town Court and worked his magic. 1 day later Henrietta Town Court agreed to reduce the 6 point violation to 3 points! We could now proceed to trial and attempt a defense. The next challenge was the official breathalyzer test that I took at the station and blew a .13. This was charge VTL-1192(2).


Ed again went to work, reviewing all discovery documents provided by the prosecution that supported their allegations. Ed noticed that per a new law passed earlier in the year, the prosecution failed to turn over supplemental discovery materials under 245.20(1)(s) related to the breathalyzer inspection and certifications in a timely manner. Another motion was filed and we won! The judge agreed to suppress the breathalyzer and the charge of VTL-1192(2) was dismissed. The remaining charge was VTL-1193(3) also known as Common Law DWI. Ed remained optimistic that without a breath test and a bodycam video that showed my relatively good performance on field sobriety tests, we could proceed to trial and try for a not guilty verdict.


After weeks of going back and forth with the prosecution, I accepted a plea bargain to VTL-1191(1) which is DWAI. Ed supported my decision. To summarize, I was charged with a very serious third alcohol related driving offense that had the potential to revoke my driving privileges for the rest of my life. Because I accepted the plea bargain to a third DWAI, I would not lose my license. Instead, I was suspended for 90 days, paid the minimum fines, and my full driving privileges were restored. Considering all of the facts and the circumstances in my case, I could not have hoped for a better outcome. I remain fully convinced that without Ed Fiandach, I would not be driving again. His attention to detail, knowledge of both old and new laws, and his many years of experience were truly put to the test in my case. He’s seen it all but even with unique cases like mine he simply figures it out. Ed is a pilar in our community, an exemplarily DWI defense attorney, and many times the only hope someone like me has when faced with serious DWI allegations. Do not settle, hire Ed Fiandach and his team.

- D.K.


Ed and the team at Fiandach & Fiandach are quite simply the best in the business. If you read no further, know that if you need a DWI attorney, hire Ed now. If you want to know a little more about our experience, keep reading. The day following my son’s arrest, we were in a state of shock and immediately hired a different attorney affiliated with one of those DWI firms that you see heavily advertised on billboards. Over the next couple of months, as details of the case emerged, it became increasingly clear that there were issues with the initial stop and inconsistencies with the evidence, but the attorney did not seem to be fully engaged or have mastery of the facts of the case. Often, I would reach out to him when I found an issue and would get no response or a response at the last minute, as if he only looked at the material the morning before the court appearance. Each court date it seemed like he was “going through the motions” with a foregone conclusion that the case would simply be pled down. When I brought up issues with discovery, or the police report, or frustration that no one was reviewing the full facts of the case, I was most often met with a shrug and some comment along the lines of “that’s just how it is in the criminal justice system.” He advised my son to request and accept a plea deal and had us nearly convinced that if we tried to push forward with motions, etc., we were just risking a worse outcome. But this was my kid, and accepting a sentence without anyone really considering the facts of the case just didn’t feel right, so we reached out to an experienced friend for advice and she said, “Fire that guy. You need to hire Ed Fiandach.” At our initial consultation with Ed, he immediately identified that there were issues with the traffic stop and cited the relevant case law. He said the right next step was to file motions to suppress the stop. “You should never skip the steps,” he said. When I shared that the other attorney told us that filing motions could result in a worse sentence and maybe the plea is the best we can do, Ed said something that put everything in to focus. He said, “Your son hasn’t even had a defense yet.” He gave us confidence that my son shouldn’t just accept the plea deal. Ed and his team filed the motions, and when the hearing happened, Ed knew exactly what to say and do to show that the prosecution had not established probable cause for the traffic stop. To follow-up, he wrote a memorandum of law that was thorough, detailed, and fact-based that clearly supported his motion to suppress the evidence. Ed knows the law inside and out and through his efforts, my son’s case was dismissed. Throughout the entire process, Ed was responsive when we had questions, patient, and most importantly, kind to both me and my son. I am forever grateful to Ed and his team for helping my family through this difficult situation. - HMG

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Fiandach & Fiandach in Rochester, NY, can be reached at 585-400-4394 or (585) 244-8910.

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