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Contact Us:
P (585) 244-5600
F (585) 244-5601
T (866) 4-DWILAW
Wisner & Wisner, LLP
110 Linden Oaks, Suite B
Rochester, NY 14625


Wisner & Wisner LLP, The DWI Defense Attorneys, have a law practice devoted solely to representing the citizen accused of Alcohol Influenced Operating Offenses. We limit our law practice to DWI Defense, Vehicular Crimes, and Appellate Advocacy. Our law firm is based in Rochester, NY, however we routinely handle cases in Buffalo, Syracuse and the surrounding communities.

Together, our team of lawyers has sixty-five years of trial experience which includes the former chief trial attorney overseeing felony prosecutors in Monroe County who subsequently became a NYS Supreme Court Justice, a second former felony prosecutor, and one of the most experienced DWI defense teams in New York State.

Todd J.W. Wisner

Managing Partner
Admitted: New York
View Resume

For 21 years Todd J.W. Wisner has successfully represented those accused of Alcohol Influenced Operating Offenses. A graduate from McQuaid Jesuit High School and Denison University, he then worked in the litigation department at Squadron, Ellenoff, Pleasant & Lehrer (now Hogan & Hartson LLP) in New York City for senior partner Elliott Sagor and former SEC Chair Ira Lee Sorkin. He then worked in the litigation department at Silver, Golub & Teitell for senior partner Richard Silver on medical malpractice cases in Stamford, Connecticut.

He graduated from Thomas M. Cooley Law School in 1992 and joined the litigation department of Trevett, Lenweaver & Salzer, P.C., in Rochester, New York. He worked under senior partner Thomas Trevett, and Thomas Van Strydonck, in the areas of commercial litigation and criminal defense.

Actively involved in contesting the DWI laws, Todd J.W. Wisner has challenged the constitutionality of the suspension pending prosecution statute; the calibration of the BAC Datamaster; and the admissibility of the Horizontal Gaze Nystagmus Standardized Field Sobriety Test. Wisner & Wisner LLP is actively challenging not only the laws but how they are applied to the citzen accused. The change in the blood alcohol level in New York to .08 BAC has raised new issues concerning the viability of the statute.

Mr. Wisner has represented individuals having a variety of careers including: college professors, airline pilots, college administrators, teachers, nurses, commercial drivers with CDL licenses, small business owners, corporate CEO's, military personnel, ROTC students, European foreign nationals, Canadian foreign nationals, hearing impaired drivers, police officers, and construction workers.

Honorable Donald J. Wisner

New York State Supreme Court (Ret.)

Of Counsel, Ret. Senior Partner
Admitted: New York
View Resume

Donald J. Wisner, New York State Supreme Court (Retired), graduated from McQuaid Jesuit High School in its second graduating class of 1959 and graduated from the University of Notre Dame in 1963.  He graduated from Albany Law School in 1966.  Following his admission to practice law that year, Hon. Donald J. Wisner served as a Captain in the U.S. Army Judge Advocate Corps until 1971. 

Judge Wisner returned to Rochester to practice law with Cusker & Cusker and joined the Monroe County District Attorney's Office.  In 1976 he was appointed Chief of the Homicide Bureau where he prosecuted over 100 homicide cases including the trial of "Mad Dog" People v. Sullivan, 103 A.D.2d 1035.  In 1978 he was appointed Chief Trial Attorney of the Monroe County District Attorney's Office.

In 1979 and 1980 Judge Wisner was designated as a Special Assistant U.S. Attorney to investigate and prosecute organized crime cases in U.S. District Court for the Western District of New York including United States v. Barton, 677 F2d 224 and United States v. Russotti, 717 F2d 27.

In 1981 and 1982 Judge Wisner was asked to be Trial Counsel to the Steuben County District Attorney's Office in People v. Comfort, 113 A.D.2d 420 and 113 A.D.2d 430, the murder of New York State Trooper Van Hall.

In 1982 Judge Wisner was elected to Monroe County Court.  He has served on assignment to the Supreme, Family, and Surrogate Courts in many counties of the Seventh and Eighth Judicial Districts.

In 1991 he was elected to the New York State Supreme Court and served regularly on assignment in New York County.  Judge Wisner was also the presiding justice in numerous homicide and felony trials such as the trial of Arthur J. Shawcross (People v. Shawcross, 192 A.D.2d 1143)

In 1997 Judge Wisner was designated to the Appellate Division, Fourth Judicial Department.  He has served on a Joint Appellate Division Committee to review proposed changes to the Code of Professional Responsibility.  Judge Wisner has also chaired the Indigent Appeals Management Counsel for the Seventh Judicial District.

In 2004 he retired from the Appellate Division and joined his son Todd J.W. Wisner and the law firm of Wisner & Wisner, LLP. We are extremely excited and proud to have a prosecutor, trial judge, and Supreme Court Appellate Justice of his stature join our law firm.

In his thirty three years of experience as a prosecutor and judge he has made a significant impact upon the Monroe County community and the law in the Fourth Department of the State of New York. Judge Wisner has been the trial judge or Suprme Court Appellate Justice of thousand's of written decisions.  Many of those decisions are binding precedent throughout New York State.  He has been the trial judge or on the appellate panel deciding over one hundred DWI reported cases


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