Managing Partner
Admitted: New York and Connecticut
Phone : (585) 244-5600
Fax: (585) 244-5601

Practice limited to
DWI Defense, Vehicular Crimes and Appellate Advocacy

BRIEF DWI CAREER HISTORY:

1993 to 1994 Associate Attorney, Gough, Skipworth, Summers, Eves & Trevett, P.C. (Name changed to Trevett, Lenweaver & Salzer, P.C. and then Trevett, Cristo, Salzer & Andolina, P.C.) Worked on suppression issues related to DWI motions.

1994 Founded Wisner Law Firm, one of only three law firms in Upstate New York with a law practice limited to DWI Defense

1994 to pres. Founded www.DWILAW.com. A web site for the law firm and to educate motorists on the basics of DWI defense.

1995 to pres. Lifetime Member, National Association of Criminal Defense Lawyers

1995 to pres. Lifetime Member, New York State Association of Criminal Defense Lawyers

1999 to pres. Member, National College for DUI Defense

2000 Acquired the Breathalyzer Model 900A. Received training on its operation.

2002 Became certified in Standardized Field Sobriety Testing; the same year became certified to Operate the BAC Datamaster. Acquired the BAC Datamaster to conduct alcohol testing.

2002 Acquired the Alco Sensor IV by Intoximeters. This is a preliminary breath screening device. Law enforcement use the Alco Sensor III. The only difference is that the IV has the ability to safe a breath sample in memory and print the result.

2003 Became certified in the science behind the BAC Datamaster in the Supervisor Program.

2003 to pres. Founded www.NewYorkDWIJournal.com. A web site which operates as a legal Blog for topical news on DWI subjects.

2004 to 2017 Founded Wisner & Wisner, LLP, a legal partnership with the Hon. Donald J. Wisner with a law practice limited to DWI Defense, Vehicular Crimes and Appellate Advocacy. Todd Wisner continues to serve as Managing Partner. Donald Wisner retires from the Supreme Court Appellate Division, 4th Judicial Department, and serves as Senior Partner to the firm.

2005 Became certified as an Instructor to in Standardized Field Sobriety Testing.

2006 Became certified to run diagnostic verifications and calibrate the BAC Datamaster

2007 to pres. Ranked “BV” or “Distinguished” by Martindale Hubble. BV Distinguished is an excellent rating for a lawyer. A widely respected mark of achievement and differentiates a lawyer from his or her peers.

2007 Became certified to operate the Datamaster DMT

2011 Contributing Author, DWI Law & Science Journal

2014 to pres. Founded and contributing author, www.NewYorkDWIReview.com. A legal journal of appellate case law and trial decisions relating to DWI Defense.

2017 to pres. Founded Wisner & Wisner, PC, a legal corporation with a law practice limited to DWI Defense, Vehicular Crimes and Appellate Advocacy.

DWI CERTIFICATIONS:

2000 Certified in the Operation of the Breathalyzer¨ Model 900A. Mr. Wisner became the first New York lawyer to receive this certification at the factory of Stephenson Corporation, EatonTown, N.J., 2000.

2002 Certified by the National Highway Traffic Safety Administration (NHTSA) as an Administrator of Standardized Field Sobriety Testing, Arlington, Texas, June 7-9, 2002

2002 Certified in the Operation of the BAC Datamasterª Mr. Wisner became the first New York lawyer to receive this certification at the factory of National Patent Analytical Systems. Mansfield, OH, November, 2002.

2003 Certified in the Supervisor Program of the BAC Datamasterª. The Certification is in the Science of Evidential Breath Alcohol Testing at the factory of National Patent Analytical Systems. November, 13-15, 2003.

2005 Certified by the National Highway Traffic Safety Administration (NHTSA) as an Instructor of DWI Detection and Standardized Field Sobriety Testing, Nevada, May 2005.

2006 Certified by National Patent Analytical Systems to run diagnostic verifications and calibrate of the BAC Datamaster.ª Mr. Wisner became the first New York lawyer to receive this certification. Mansfield, OH, February, 2006.

2007 Certified by National Patent Analytical Systems to operate the Datamaster DMT.ª Mr. Wisner became the first New York lawyer to receive this certification. Mansfield, OH, February 1-3, 2007.

DWI DECISIONS:

2005 People v. Mellott, 10 Misc.3d 1056(A), 2005 WL 3322843, 2005 N.Y. Slip Op. 51989(U), Unpublished Decision, N.Y. Just.Ct. Webster, December 07, 2005

2011 People v. Hernandez, 31 Misc.3d 208, 915 N.Y.S.2d 824, 2011 N.Y. Slip Op. 21022, N.Y. City Ct., January 26, 2011.

2016 People v. Kane, Unpublished Decision, N.Y. Just. Ct., Perinton,

MEDIA INTERVIEWS RELATING TO DWI:

2002 Interviewed by WHEC Channel 10 News Reporter Berkeley Brean in Rochester, N.Y., regarding the remote “calibration” of the BAC Datamaster, July 2002.

2010 Interviewed by WHEC Channel 10 News Reporter Linette Adams in Rochester, N.Y., on on August 15, 2010. Interview entitled: “Victim of DWI crash weighs in on ignition interlock devices”

2014 Interviewed by WROC Channel 8 Reporter Rachel Barnhart, in Rochester, New York, on January 30, 2014. Interview entitled: “Texting Tickets Issued to People Not Texting.”

2014 Interviewed by WROC Channel 8 reporter Vanessa Herring, in Rochester, New York, in May, 2014. Interview entitled: “NTSB Wants States to Lower Legal Blood Limit.”

2014 Interviewed by WROC Channel 8 reporter Vanessa Herring, in Rochester, New York, on March 20, 2014. Interview entitled: “Can Diabetes Defend RedonÕs Drunk Driving Case?”

2016 Interviewed by Time Warner Cable reporter Seth Voorhees, in Rochester, New York, on October 12, 2016. Interview entitled: “Unlocking the Ignition Interlock: How a DWI Device Works.”

2017 Interviewed by WROC TV Channel 8 New York, Rochester, New York, by Jeanie McBride, on February 3, 2017. Interview entitled: “What happens if you are charged with a DWI?” Mr. Wisner asked to comment on the recently enacted laws and the typical sentence imposed upon first time offenders.

2017 Quoted by WHAM TV Channel 13, Rochester, New York, by Jane Flasch, on April 25, 2017. Interview entitled: “City Court Judge Dixon changes mind in DWI case after rendering a verdict.” Mr. WisnerÕs reaction to the stunning reversal of a verdict of not guilty.

2017 Interviewed by WROC TV Channel 8, Rochester, New York, by Jorden Garret, on April 26, 2017. Interview entitled: “City Court Judge overturns guilty verdict in DWI case.” Mr. Wisner reacts to Judge DixonÕs ruling to overturn an initial reversal of a verdict of not guilty of seven counts. The court initially ruled not guilty then reversed herself to find the defendant guilty on DWI and speeding.

2017 Quoted by WHAM TV Channel 13, Rochester, New York, by Jane Flasch, on April 26, 2017. Interview entitled: “Rochester City Court Judge reverses DWI verdict – again.” Mr. Wisner and his client interviewed after the court renders a final decision not to reverse itself on an initial verdict of not guilty. Mr. Wisner submitted case law in support of the proposition that a trial court cannot reverse itself on a later date after a not guilty verdict.

NEWSPAPER INTERVIEWS RELATING TO DWI:

2001 Interviewed by Democrat & Chronicle newspaper news reporter Michele Locastro Rivoli, in Rochester, N.Y., on February 18, 2001. Interview entitled: “DA says 100 DWI cases bungled.” Mr. Wisner was asked to comment on the Felony DWI cases which were dismissed for failure to timely prosecute.

2005 Interviewed by Democrat & Chronicle newspaper news Reporter Michael Zeigler, in Rochester, N.Y., on December 2005. Interview entitled: “Irondequoit Rulings Reversed.” Mr. Wisner was asked to comment on the Green v. DeMarco DWI decision.

2007 Interviewed by Democrat & Chronicle newspaper news reporter Greg Livadas, in Rochester, N.Y., on October 2007. Interview entitled: “Trials atypical in local DWIs – Defendant more apt to plea within Monroe County.” Mr. Wisner asked to comment on jury and bench trials in DWI cases within the county.

2007 Interviewed by Democrat & Chronicle newspaper, in Rochester, N.Y., on October 11, 2007. Interview entitled: “Lawyer arrested for promoting prison contraband.” Mr. Wisner asked to comment about a DWI attorney arrested while visiting a client.

2009 Interviewed by The Daily Record, Western New YorkÕs Legal daily newspaper by Reporter Elizabeth Stull, in Rochester, New York, on November 18, 2009. Article entitled: “Unlawful Stops?” Mr. Wisner was asked to comment on the newly enacted Leandra’s Law, converting a first offense DWI misdemeanor charge to a class E felony when a child is in the vehicle.

2009 Interviewed by The Daily Record, Western New YorkÕs Legal daily newspaper by Reporter Elizabeth Stull, in Rochester, New York, on December 31, 2009. Article entitled: “DWI Penalties Changing.” Mr. Wisner was asked to comment on the amendment of the 1193 statute mandating use of the ignition interlock on all misdemeanor and felony DWI convictions.

2010 Interviewed by Democrat & Chronicle newspaper news reporter in Rochester, N.Y., on August 15, 2010. Interview entitled: “Leandras Law aims to lock out DWI offenders.” DWI Lawyer Wisner was asked to comment on the newly enacted Leandra’s Law imposing a mandatory ignition interlock device on all misdemeanor and felony DWI defendants where a teen is in the vehicle at the time of the arrest.

2010 Interviewed by Democrat & Chronicle newspaper news reporter Michael Zeigler in Rochester, N.Y., on August 15, 2010. Interview entitled: “Judges, District Attorney clash over DWI cases.” Mr. Wisner was asked to comment on an article over bench trial verdicts in DWI cases where the Monroe County District Attorney believed the outcome was predetermined.

2011 Interviewed by Democrat & Chronicle newspaper news reporter Michael Zeigler, in Rochester, N.Y., on March 16, 2011. Interview entitled: ” Teen charged in fatal two car crash to go to Trial.” Mr. Wisner was asked to comment on the trial strategy of the defense in DWI fatal homicide of a defendant alleged to be Driving Under the Influence of Drugs.

2011 Interviewed by The Daily Record, Western New YorkÕs Legal daily newspaper by Reporter James Leach, in Rochester, New York, on February 1, 2011. Article entitled: “DWI case questions electronic signatures.” Mr. Wisner asked to comment on the use of electronic signatures by law enforcement when issuing Uniform Traffic Citations and the admissibility of those documents as a business record under CPLR 4518.

2014 Interviewed by Democrat & Chronicle newspaper Reporter Brian Sharp, in Rochester, N.Y., on March 21, 2014. Interview entitled: “Deputy Mayor charged with DWI.” Mr. Wisner asked to comment on why the deputy mayor was not incarcerated. He was also asked to comment on the viability of diabetes as a defense to DWI charge for the deputy mayor.

EDUCATION:

1982 McQuaid High School

1986 Denison Unversity, Bachelor of Arts, Economics and History

1992 Western Michigan University, Juris Doctor, Thomas Cooley Law School

COURT ADMISSIONS:

1993 Connecticut

1994 New York

2003 United States District Court, Western District of New York

2004 United States Bankruptcy Court, Western District of New York

PROFESSIONAL EXPERIENCE:

1992 to 1994 Associate Attorney, Gough, Skipworth, Summers, Eves & Trevett, P.C. (renamed to Trevett, Lenweaver & Salzer, P.C., and thereafter Trevett, Cristo, Salzer & Andolina, P.C.)

1994 to 1996 Trial Attorney, Wisner Law Firm, focus on DWI Defense, criminal defense, personal injury litigation

1996 to 2004 Senior Partner, Wisner Law Firm, P.C. DWI Defense Attorney and supervising attorney of three associate lawyers focused on DWI defense.

2000 to 2005 Arbitrator, Seventh Judicial District Arbitration Program. Hearing commercial claims in the City of Rochester

2004 to 2017 Managing Partner, Wisner & Wisner, LLP Legal partnership between the Honorable Donald J. Wisner and Todd J.W. Wisner with a law practice limited to DWI Defense, Vehicular Crimes and Appellate Advocacy. Supervising firm and associate attorneys in DWI Defense

2017 to present Managing Partner, Wisner & Wisner, P.C. Professional Corporation engaged in DWI Defense, Vehicular Crimes and Appellate Advocacy

PROFESSIONAL AWARDS:

1991 American Jurisprudence Award, Constitutional Law, West Publishing Company

1992 American Jurisprudence Award, Lawyering Before Trial, West Publishing Company

2004 Life Member Award, New York State Association of Criminal Defense Lawyers

2005 Life Member Award, National Association of Criminal Defense Lawyers

2014 Client Satisfaction Award, American Institute of DUI/DWI Attorneys

2014 – 2015 Client Satisfaction Award, American Institute of DUI/DWI Attorneys

DWI SEMINARS:

1993 Handling the DWI Case in New York, New York State Bar Association

1995 Handling the DWI Case in New York, New York State Bar Association

1999 An Introduction to Handling the DWI case in New York, New York State Bar Association, NY, NY

2000 National College of DUI Defense at Harvard Law School, Cambridge, MA

2000 Training on the Operation of the Breathalyzer¨ Model 900A. Mr. Wisner became the first New York lawyer to receive this certification at the factory of Stephenson Corporation, EatonTown, N.J., 2000.

2001 DWI on Trial, New York State Bar Association Big Apple Seminar, NY, NY

2002 DWI on Trial, New York State Bar Association Big Apple Seminar, NY, NY

2002 National Highway Traffic Safety Administration seminar on Standardized Field Sobriety Testing, Arlington, TX, June 7-9, 2002.

2002 National College of DUI Defense at Harvard Law School, Cambridge, MA

2002 National Association of Criminal Defense Lawyers 6th Annual Seminar, -DWI Means Defend With Ingenuity, Las Vegas, NV, October 2002.

2002 Training on the Operation of the BAC Datamasterª at the manufacturer, National Patent Analytical Systems. Mr. Wisner became the first New York lawyer to receive this certification at the factory ofMansfield, OH, November, 2002.

2003 Factory trained in the Supervisor program of the BAC Datamasterª. Mr. Wisner became the first New York Lawyer to be certified in the science of evidential breath alcohol testing and the operation of the BAC Datamasterª at National Patent Analytical Systems. Mansfield, OH, November 13-15, 2003

2004 National College of DUI Defense at Harvard Law School, Cambridge, MA

2005 Certified by the National Highway Traffic Safety Administration (NHTSA) as an Instructor of DWI Detection and Standardized Field Sobriety Testing, Nevada, May, 2005.

2005 National College of DUI Defense at Harvard Law School, Cambridge, MA

2006 Factory trained on the BAC Datamasterª at National Patent Analytical Systems. Training included operation, diagnostic verifications and calibration of the BAC Datamaster.ª Mr. Wisner became the first New York lawyer to be certified to perform a diagnostic verification and calibration of the BAC Datamaster.ª Mansfield, OH, 2007

2007 Factory trained on the Datamaster DMT™ at National Patent Analytical Systems. The Datamaster DMT ª is the new frontier of evidential breath testing. Mr. Wisner became the first New York lawyer to be certified to operate, conduct diagnostic verifications and calibrate the Datamaster DMT.ª Mansfield, OH, 2007.

2007 National College of DUI Defense at Harvard Law School, Cambridge, MA, 2007

2010 DWI on Trial – The Big Apple X, New York State Bar Association CLE Seminar, May 6, 2010

2011 DWI on Trial – The Big Apple XI, New York State Bar Association CLE Seminar, May 5, 2011

2012 DWI on Trial – The Big Apple XII, New York State Bar Association CLE Seminar, May, 2012

2013 DWI on Trial – The Big Apple XIII, New York State Bar Association CLE Seminar, May 9, 2013

2014 DWI on Trial – The Big Apple XIV, New York State Bar Association CLE Seminar, May 8, 2014, Affinia, NY, NY

2015 DWI on Trial – The Big Apple XV, New York State Bar Association CLE Seminar, May 14, 2015, Radisson Martinique, NY, NY

2016 DWI on Trial – The Big Apple XVI, New York State Bar Association CLE Seminar, May 18, 2016, New York Society of Security Analysis, NY, NY

2017 DWI on Trial – The Big Apple XV, New York State Bar Association CLE Seminar, May 11, 2017, Radisson Martinique, NY, NY

PROFESSIONAL ASSOCIATIONS:

1993 to present Connecticut Bar Association

1994 to present New York State Bar Association

1994 to present Monroe County Bar Association

1995 to present Livingston County Bar Association

1995 to present Lifetime Member, New York State Association of Criminal Defense Lawyers

1995 to present Lifetime Member, National Association of Criminal Defense Lawyers

1994 to present New York State Trial Lawyers Association

1994 to 2004 Association of Trial Lawyers of America

1995 Genesee County Trial Lawyers Association

1999 to present Member, National College for DUI Defense

2014 to present City of New York Bar Association

2014 to present New York City Bar Association

2015 to present Federalist Society

2016 to present PresidentÕs Club Member, The Heritage Foundation

BOARDS AND VOLUNTEER SERVICE:

1983 to present Volunteer, Camp Good Days and Special Times, Inc.

1983 to present Fundraiser / Volunteer Alumni Council, McQuaid Jesuit High School

1994 to 2004 Volunteer, Lawyers for Learning, Monroe County Bar Association

1194 to 2004 Volunteer, Volunteer Legal Services Project, Monroe County

1994 to present Volunteer, Monroe County Office of the Conflict Defender representing indigent criminal defendants at reduced legal fees

1995 to 2005 Volunteer, Memorial Art Gallery

1999 to present Season member, Volunteer, Rochester Broadway Theater League

2000 to present Volunteer, Monroe County Adopt-A-Highway cleanup program.

2000 to present President, Denison University Alumni Club of Rochester

2005 to present Board Member, Camp Good Days and Special Times, Inc.

2007 to present Finance Committee, Camp Good Days and Special Times, Inc.

INTERESTS:

Investing, golf, sailing, platform tennis