Pelypenko, Elizabeth

In 1976, at Albany Law School, Edward L. Fiandach presented his first paper on Driving While Intoxicated. Since then, he's authored three books comprising five volumes, and more than 200 articles on DWI. His monthly newsletter, The New York DWI Bulletin, is the only statewide publication of its kind and for ten years has been continuously used by lawyers, prosecutors and judges across the state. His annually supplemented treatises, New York Driving While Intoxicated, 2d Edition and Handling Drunk Driving Cases 2d, a two volume, nationally distributed text, are widely acclaimed as the most authoritative publications of their kind. His articles have been published in The Magistrate, The Public Defense Backup Report, The Daily Record, 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.

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 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 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. For two years running, 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 certified operator of the BAC DataMaster.

Mr. Fiandach is also an adjunct professor of Constitutional Law at the prestigious University of Rochester. He teaches a course on Criminal Procedure and Constitutional Law to almost 100 upperclasspersons.

In 1989, Mr. Fiandach's investigation disclosed a witness to "lot switching" in the manufacture of 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, mandated suppression in an untold number of DWI cases statewide (see e.g., People v. Sperber 199 AD2d 725).

His case, Pringle v. Wolfe, 164 Misc2d 733, was the first Supreme Court decision to declare section 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 .10% of alcohol or greater in the blood.

In 1997, Mr. Fiandach was hired to do an 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. 

In 2003 Mr. Fiandach repeated this amazing feat. This time he won the appeal of six time convicted drunk driver Brian Beckwith who received the longest sentence ever handed 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. As a result of Mr. Fiandach's successful representation, the Appellate Division Fourth Department overturned this draconian sentence.

He was also the first 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.

In 1997, 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. Comparing figures, the paper noted that his clients "...were convicted of the top count only 13% of the time."

In December of 2002, Mr. Fiandach was the author of an Op-Ed piece in the Democrat and Chronicle which explored the effectiveness of .08 as a per se blood/breath alcohol limitation. The next day, in an editorial, the Democrat and Chronicle adopted in substance his position.

Over the years, his 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.

While regrettably New York State does not recognize any form of certification in the legal profession, Mr. Fiandach has nonetheless received Board Certification from the National College of DUI Defense, making him one of about 25 lawyers nationally, and the only lawyer in the State of New York, to hold that distinction.

He has also been certified by the manufacturer as an Operator of the National Patent Analytical System "DataMaster", the breath testing device in widest use in New York State.