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Author Archives: Ed Fiandach

Ed Fiandach
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, Edward L. Fiandach, Esq. Click here for a full listing of Ed's credentials. Edward L. Fiandach established a firm that tries more DWI cases than any firm in the State of New York and has written more articles on New York DWI than any attorney in the world. His monthly DWI newsletter, The New York DWI Bulletin, is the only statewide publication of its kind and for twelve years has been continuously used by lawyers, prosecutors and judges across the state. His annually supplemented DWI treatises, New York Driving While Intoxicated, 2d and Handling Drunk Driving Cases 2d, both two volume, nationally distributed texts, are widely acclaimed as the most authoritative publications of their kind. His DWI articles have been published nationally in The Magistrate, The Public Defense Backup Report, The Daily Record, Rochester Democrat & Chronicle, Times Union, Criminal Justice Journal and The Automobile Liability Newsletter, The Champion and numerous state and local bar association publications in New York and elsewhere.

Supreme Court Bans “Holdover” Stops

In the Rochester New York area it is common for a “routine” road patrol officer who makes a routine traffic stop and thereafter observes the classic signs of intoxication, bloodshot eyes, slurred speech and the rest, to order the motorist to remain where he or she is while they secure the services of a DWI specialist who will then undertake further investigation. Oftentimes, the delay involved will be upwards of fifteen minutes or more. For years, even to the extent ... Read More »

A Case for Abolishing the 21 Drinking Age

Open the newspaper or turn on your local news and you’re probably going to hear a story about a drunk driving accident, alcohol related assault or alcohol poisoning. This story will most likely involve an individual between the ages of 18 and 24. If you were to continue to explore this issue you would find that among 18 to 24 year olds the rates of binge drinking and DWI’s have been increasing since 1998. Each year there are over 696,000 ... Read More »

New York Reaffirms Aguilar/Spinellli

In People v. Johnson, a Deputy Sheriff armed with a 911 call describing “a sick or intoxicated motorist” stopped the Appellant for a “wide right hand turn” well outside of his jurisdictional limit. At a Mapp hearing (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684 [1961]) to determine whether there existed sufficient probable cause for the stop of the vehicle, the Deputy admitted that he did not know the identity of the caller or the basis upon which the ... Read More »

The Oldest Question: Do You take a Test?

Well, it may not be the oldest question, but it may be the most important. Since the 1940’s and the onset of cheap blood alcohol testing, it is one that lawyers and defendants must initially face following a DWI arrest. Should you or shouldn’t you take the test? The answer to this, like everything else in law, is it depends. Like predicting the weather, the answer to this question turns on a variety of factors. While much of what I ... Read More »

New York Court of Appeals Hears Major Hearsay Challenge

In People v. Johnson, a Deputy Sheriff armed with a 911 call describing “a sick or intoxicated motorist” stopped the Appellant for a “wide right hand turn” well outside of his jurisdictional limit. At a Mapp hearing (Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684 [1961]) to determine whether there existed sufficient probable cause for the stop of the vehicle, the Deputy admitted that he did not know the identity of the caller or the basis upon which the ... Read More »