Practice Areas

DWI Defense and Appellate Advocacy

Court Admissions

Connecticut

New York

United States District Court, Western District of New York

United States Bankruptcy Court, Western District of New York

Trial Boards and Certifications

Certified by National Patent Analytical Systems to operate, run diagnostic verifications and calibrate of the Datamaster DMT.™   Mr. Wisner became the first New York lawyer to receive this certification. Mansfield, OH, 2007.

Certified by National Patent Analytical Systems to operate, run diagnostic verifications and calibrate of the BAC Datamaster.™   Mr. Wisner became the first New York lawyer to receive this certification. Mansfield, OH, 2007.

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

Certified in the Supervisor program of the BAC Datamaster™.  The Certification is in the Science of Evidential Breath Alcohol Testing and the Operation of the BAC Datamaster™  Mr. Wisner became the first New York lawyer to receive this certification.  Mansfield, OH, November 13-15, 2003

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

Reported DWI decisions

People v. Mellott, 10 Misc.3d 1056(A), 2005 WL 3322843, 2005 N.Y. Slip Op. 51989(U), Unpublished Disposition,, N.Y.Just.Ct., December 07, 2005

Media interviews regarding DWI

Television appearances:

Mr. Wisner was asked to speak on DWI law by WHEC Channel 10 News in Rochester, N.Y., regarding the remote "calibration" of the BAC Datamaster, July 2002.

       Newspaper comments:

DWI penalties changing in New York.  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. Wisner was also asked to comment on the amendment of the 1193 statute mandating use of the ignition interlock on all misdemeanor and felony DWI convictions. The article was published on December 31, 2009 in The Daily Record, Western New York's legal daily newspaper.

Unlawful stops? Mr. Wisner was asked to comment on questionable traffic stops.  The article was published on November 18, 2009 in The Daily Record, Western New York's legal daily newspaper.

Democrat & Chronicle Rochester newspaper articles:

Trials atypical in local DWIs (asked to comment on jury and bench trials in DWI cases) October 2007

"Irondequoit Rulings Reversed" (asked to comment on the Green v. DeMarco DWI decision) December 2005

Bar Association Memberships

Member, National College of DUI Defense, at Harvard Law School, 1999 - present


Life Member: National Association of Criminal Defense Lawyers


Life Member: New York State Association of Criminal Defense Lawyers


New York State Trial Lawyers Association


Genesee Valley Trial Lawyers Association


Association of Trial Lawyers of America


New York State Bar Association


Connecticut Bar Association


Monroe County Bar Association

Livingston County Bar Association

Professional Experience

1994 - present, Managing Partner, Wisner & Wisner, LLP (formerly Wisner Law Firm, P.C.)

2000 - present, Arbitrator, Seventh Judicial District Arbitration Program

1992 - 1994, Litigation Associate, Gough, Skipworth, Summers,

                                                 Eves & Trevett, P.C.

                   (renamed to Trevett, Lenweaver & Salzer, P.C.)

Education

Thomas M. Cooley Law School, J.D.

Denison University, B.A.

McQuaid Jesuit High School

Professional Achievements

American Jurisprudence Award - Constitutional Law

American Jurisprudence Award - Lawyering Before Trial

DWI Seminars

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

Factory trained on the Datamaster DMT ™ at National Patent Analytical Systems.  The Datamaster DMT ™ 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.™ Mansfield, OH, 2007.

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

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.

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

Factory trained in the supervisor program of the BAC Datamaster™.  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 Datamaster™ at National Patent Analytical Systems.  Mr. Wisner became the first New York lawyer to be so trained.  Mansfield, OH, November 13-15, 2003

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

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

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

National Highway Traffic Safety Administration seminar on
Standardized Field Sobriety Testing, Arlington, TX, 2002

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

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

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

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

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

Treatises, Journals and Newsletter Subscriptions

Drunk Driving Defense, 6th Ed. Lawrence Taylor

Medical-Legal Aspects of Alcohol, 4th Ed., by James C. Garriott

Drunk Driving Defense, 5th Ed. Lawrence Taylor

Intoxication Test Evidence, 2nd Ed., by Edward F. Fitzgerald

Defense of Drunk Driving Cases, by Richard E. Erwin

Drinking/Driving Litigation Criminal and Civil, 2nd Ed., by Donald H. Nichols and Flem K. Whited, III.

Defending Drinking Drivers, by John A. Tarantino

DWI Law & Science Journal, by Whitaker Newsletters, Inc.

Drinking/Driving Law Letter, by Flem K. Whited

Defense of Speeding, Reckless Driving and Vehicular Homicide, by
--James Farragher Campbell, P. David Fisher, and David A. Mansfield.

The Georgia DUI Trial Practice Manual, by William C. Head

Texas Drunk Driving Law, 4th, by J. Gary Trichter and W. Troy McKinney

Forensic Accident Investigation: Motor Vehicles, by Thomas L. Bohan
--and Arthur C. Damask

Pennsylvania DUI, Vol. 10, by Timothy P. Wile and Marc A. Werlinsky

A Primer of Drug Action, 9th Ed., by Robert M. Julien

Professional and civic activities

Volunteer, Lawyers for Learning fundraiser through Monroe County Bar Association

Volunteer,  Monroe County Adopt-A-Highway cleanup program.

Volunteer, Camp Good Days and Special Times, Inc.

Volunteer,  Volunteer Legal Services Project of Monroe County

Volunteer, Monroe County Office of the Conflict Defender representing indigent criminal defendants.

Volunteer, McQuaid Jesuit High School

Volunteer, Memorial Art Gallery

Member, Rochester Broadway Theatre League, 1999 - present

Founding Member of the Thomas M. Cooley Law School Alumni Club of Rochester

President, Denison University Alumni Club of Rochester

Alumni Council, McQuaid Jesuit High School

Languages

German