P. Adam Militello

Attorney Profile

Top Rated DUI-DWI Attorney in Rochester, NY

Militello Law Firm, PLLC
 | 2480 Browncroft Blvd, Rochester, NY 14625
Phone: 585-485-0025
Fax: 585-286-3128
Selected to Rising Stars: 2016 - 2018
Licensed Since: 2008
Practice Areas:
  • Criminal Defense: DUI/DWI (90%),
  • Criminal Defense (10%)
Attorney Profile

The founder of the Militello Law Firm, PLLC, P. Adam Militello focuses his practice exclusively on providing defense representation to people throughout the greater Rochester metropolitan area who have been charged by the state of New York with driving while intoxicated. Admitted to practice before all New York state courts since 2008, he is also admitted to practice before the U.S. District Court for the Western District of New York. Mr. Militello's successful track record on behalf of his clients as well as his high degree of ethics have earned him the high regard of his fellow attorneys, including a 10.0 "Superb" peer review rating through Avvo.

Mr. Militello has tried many DWI cases to verdict, and his results have been impressive. In one instance, he obtained a not-guilty ruling on behalf of a client who had a rear-ended collision with another vehicle; but the court found that the motorist had committed the lesser offense of driving while ability impaired. The outcome was the imposition of the minimum fine, with no jail time and no probation. In another case, Mr. Militello successfully challenged the testimony of the arresting officer regarding the failure of field sobriety tests, and the client was found not guilty of all charges.

Mr. Militello attended the State University of New York Oneonta, where he majored in music and received a Bachelor of Arts in 1994. After working for various companies, he decided to pursue a legal career, and he enrolled at the University at Buffalo School of Law and was subsequently awarded his Juris Doctor cum laude in 2007. Prior to entering private practice, Mr. Militello clerked for a judge on the U.S. District Court for the Western District of New York.

 
Practice Areas
Lawyer Practice Area Pie Chart

Criminal Defense: DUI/DWI (90%): DUI/DWI

Criminal Defense (10%): Arrest & Arraignment, Criminal Law, Felony, Misdemeanor, Motor Vehicle Offenses

Focus Areas

DUI/DWI, Arrest & Arraignment, Criminal Law, Felony, Misdemeanor, Motor Vehicle Offenses

Selections

top-imageSelected to Rising Stars for 3 years

Rising Stars: 2016 - 2018

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About Adam Militello

Admitted: 2008, New York

Professional Webpage: http://rochesternydwi.lawyer/about-us/

Honors/Awards:

  • Award for outstanding clinical work, Law Faculty Award, State University of New York at Buffalo Law School, 2007

Bar/Professional Activity:

  • National Association of Criminal Defense Lawyers, Lifetime Member
  • Livingston County Bar Association, Executive Committee
  • DUI Defense Lawyer's Association, Member
  • National College for DUI Defense, General Member

Pro bono/Community Service:

  • Genesee Valley Legal Aid, Livingston County, Special Assistant Conflict Defender

Scholarly Lectures/Writings:

  • Guest Lecturer, Nazareth College
  • Teacher, Business Law, Finger Lakes Community College

Verdicts/Settlements:

  • *** PEOPLE V. S.M. (MONROE COUNTY, DECEMBER 2017) Practice Area: DWI  - .12% with a prior Drinking and Driving conviction. Description: Client was stopped by police for a failure to use her signal. She failed the field sobriety tests and her Datamaster DMT result was .12%. There was no offer from the prosecution of a reduction to a lesser offense. Verdict: Not Guilty after trial of misdemeanor DWI; guilty of the non-criminal offense of Driving While Ability Impaired. No jail, no probation, no ignition interlock device, and the minimum fine.    *** PEOPLE V. N.V. (MONROE COUNTY, DECEMBER 2017) Practice Area: DMV Refusal Hearing Description: Client was alleged to have refused to submit to a chemical test in a misdemeanor DWI case. When that happens, the DMV holds a hearing within 15 days of a defendant's arraignment to determine whether their license will be revoked for a full year with no conditional driving privileges. We appeared with our client, who had been in a motor vehicle accident and was accused of refusing to submit to a blood draw. The police officer who asked our client to take a chemical test came to the hearing, and we learned that he had absolutely no firsthand knowledge or evidence that our client was operating a motor vehicle. Outcome: The Administrative Law Judge for the DMV reinstated our client's full driving privileges.   *** PEOPLE V. J.W. (MONROE COUNTY, DECEMBER 2017) Practice Area: DWI - Refusal Description: I'm not happy with this result, but I'm posting it to try and be transparent about the fact that sometimes - particularly when our clients ignore our advice - we lose. Police stopped my client after he backed into another car in a parking lot. He told police he was having a diabetic attack, and refused the BAC Datamaster test. He was arrested for DWI.  Despite the breath test refusal, I was able to secure a plea offer to a non-criminal Driving While Ability Impaired charge. Against my advice, our client refused the offer and asked for a jury trial with the hope a "not guilty" verdict. Verdict: Guilty after trial of misdemeanor DWI. The jury simply did not believe that my client's symptoms were from diabetes instead of alcohol. When your lawyer warns you against trial, then secures you a non-criminal plea offer and suggests you take it, please listen to that advice.   *** PEOPLE V. A.R. (MONROE COUNTY, NOVEMBER 2017) Practice Area: DWI - REFUSAL Description: Our client was arrested for DWI after being pulled over for speeding 75mph in a 55mph zone. Police alleged she failed five out of six field sobriety tests, and she refused the breath test. The prosecution did not offer a plea reduction and we took the case to trial.  Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, no ignition interlock, and the minimum fine.   *** PEOPLE V. M.S. (MONROE COUNTY, SEPTEMBER 2017) Practice Area: DWI - REFUSAL Description: Our client was arrested for DWI after being pulled over for speeding 88mph in a 55mph zone. Police alleged he failed five field sobriety tests, and he refused the breath test. The prosecution did not offer a plea reduction and we took the case to trial.  Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.   *** PEOPLE V. T.H. (MONROE COUNTY, MAY 2017) Practice Area: DWI & Criminal Possession of a Controlled Substance Description: Our client was arrested after a car accident on the expressway. Police claim he failed the field sobriety tests and they found a small amount of cocaine in his car. Although our client submitted to a breath test that returned a result of .07%, the prosecution would not make a DWAI offer because of the cocaine and accident. Our client took a private drug screen that showed no cocaine in his system. We refused to accept the misdemeanor offer and scheduled a trial. Verdict: On the day of trial, the Assistant District Attorney arrived at court and offered a plea to one count of DWAI (a non-criminal offense) with no jail and the minimum fine, in full satisfaction of the DWI and cocaine charges. Our client accepted.   *** PEOPLE V. L.A. (MONROE COUNTY, MAY 2017) Practice Area: DWI - BAC .14% Description: Our client was arrested after falling asleep at a drive-through. He failed field sobriety tests and took a Datamaster DMT (a.k.a. Breathalyzer) test, with a result of .14%. Verdict: When the arresting officer failed to appear at trial without a good reason, the local court justice dismissed all the charges. *** PEOPLE V. L.N. (MONROE COUNTY, MAY 2017) Practice Area: DWI  - REFUSAL Description: Client was stopped by police for using a cell phone while driving. She refused to take a breath test. She performed well on the Walk and Turn field sobriety test, but could not perform the Alphabet test at all - she jumbled all the letters. There was no offer from the prosecution of a reduction to a lesser offense. Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.   ***  PEOPLE V. J.B. (MONROE COUNTY, APRIL 2017) Practice Area: DWI  - REFUSAL Description: Client was stopped by police for traveling approximately 53 mph in a 35 mph zone. She refused to take a breath test. There was no offer from the prosecution of a reduction to a lesser offense. Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.   ***  PEOPLE V. B.G. (MONROE COUNTY, APRIL 2017) Practice Area: DWI  - REFUSAL Description: Client was stopped by police because her headlights were out. She refused to take any field sobriety test or breath test. There was no offer from the prosecution of a reduction to a lesser offense. Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.   *** PEOPLE V. K.K. (MONROE COUNTY, MARCH 2017) Practice Area: DWI  - .12% Description: Client was stopped by police for a moving violation. She failed the field sobriety tests and her Datamaster DMT result was .12%. There was no offer from the prosecution of a reduction to a lesser offense.  Verdict: Guilty after trial of misdemeanor DWI; no jail, no probation, and the minimum fine. It's extremely unusual for a defendant to be convicted of DWI with a breath test this low, but as you see, it can happen. While we might not be proud of the result, we posted this to be transparent and upfront about not just our wins, but the occasional loss.   *** PEOPLE V. K.R. (MONROE COUNTY, MARCH 2017) Practice Area: DWI - BAC .16% Description: Client was stopped by a police officer for speeding and leaving his lane three times. This client lives in New Jersey, and his job requires him to drive, so we attempted to negotiate a non-criminal plea with the District Attorney's Office. No plea reduction was offered.  At trial, the arresting police officer testified that he administered four field sobriety tests, and then testified that the tests were not "pass/fail" tests, and that our client had performed "poorly" on three of the tests. (This is simply not the case - field sobriety tests can be passed, and they can be failed.) Perhaps even more strangely, the discovery package included two BAC test results - one that purported to show our client's BAC measured a .16%. The other test result purported to show that the arresting officer also took a BAC test that same night, and that his test registered a .14%.  Verdict: NOT GUILTY after trial of misdemeanor DWI. We asked the judge to consider the lesser, non-criminal offense of Driving While Ability Impaired (DWAI), and our client was convicted of that charge with no jail, no probation, and the minimum fine.   *** PEOPLE V. J.B. (MONROE COUNTY, FEBRUARY 2017) Practice Area: DWI  - REFUSAL Description: Client was stopped by police for speeding. The arresting officer testified that she failed three Field Sobriety Tests. Her Alcosensor result suggested a BAC of .159%. There was no offer from the prosecution of a reduction to a lesser offense. Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.   *** PEOPLE V. C.C. (WAYNE COUNTY, FEBRUARY 2017) Practice Area: DWI  - REFUSAL Description: Client was stopped by a State Trooper for swerving outside his lane. After performing six Field Sobriety Tests, our client refused the Breathalyzer. The prosecutor offered a plea to misdemeanor DWI. Verdict: NOT GUILTY after trial of misdemeanor DWI. Our client was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), with no jail, no probation, and the minimum fine.   *** PEOPLE V. B.R. (WAYNE COUNTY, FEBRUARY 2017) Practice Area: Aggravated DWI  Description: This is a cautionary tale for prosecutors. Police responding to a 911 call found our client parked on the side of the road. When the deputy pulled in behind him and activated his emergency lights, our client re-entered traffic without signaling, he crossed into the wrong lane "by several feet," and eventually pulled over. Our client failed the three field sobriety tests he was given, and consented to a breathalyzer test. The result was a .21% He was charged with Aggravated DWI and common law DWI. We reached out to prosecutors in an attempt to reach a plea, but because of the high BAC test result, they refused any reduction. The case was set for trial. On the day of trial, evidence surfaced that the police officer claiming to hold a Breath Test Operator Permit was not telling the truth, and all the breath test results were suppressed. Verdict: NOT GUILTY after trial of Aggravated DWI, and NOT GUILTY after trial of common law DWI. He was instead convicted of the non-criminal offense of Driving While Ability Impaired (DWAI), based largely on the abysmal results of his field sobriety tests and his admission to police that he had been drinking that night. The lesson here is that you never know what is going to happen at trial, and you can't always count on the police to make good witnesses.    *** PEOPLE V. M.P. (WAYNE COUNTY, JANUARY 2017) Practice Area: Aggravated DWI Description: This is a cautionary tale for defendants. Police responding to a 911 call found our client's car in a ditch. The 911 caller told police our client had the strong odor of an alcoholic beverage on his breath. An hour after the initial call, police traced the car back to his home, where he was drinking alcohol. Our client agreed to perform field sobriety tests in his living room, and eventually agreed to a breathalyzer test. He blew a .20%. Despite the high breath test, we were able to negotiate a plea offer to a non-criminal Driving While Ability Impaired charge, but our client refused the offer and asked for a jury trial with the hope a "not guilty" verdict. Verdict: NOT GUILTY after trial of the top count (misdemeanor Aggravated DWI). He was instead convicted of Driving While Intoxicated (DWI). The lesson here is that juries can be extremely unpredictable, and even when there is virtually no proof of intoxication at the point of driving, they can turn against you. When your lawyer manages to secure you a non-criminal plea and suggests you take it, listen to that advice. ***, 2017

Educational Background:

  • State University of New York College at Oneonta, B.A., Major: Music, 1994
Office Location for P. Adam Militello

2480 Browncroft Blvd
Rochester, NY 14625

Phone: 585-485-0025

Fax: 585-286-3128

P. Adam Militello:

Last Updated: 4/10/2019

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