About
Stewart A. McMillan works in criminal law with a focus on defending people facing DWI, DUI, traffic, and related charges. His background includes service as a former New York State Prosecutor, giving him insight into how cases are built, challenged, and resolved in court and during negotiations for meaningful outcomes.
Stewart earned his B.A. from Georgetown University in 1989. He earned his J.D. from Fordham University School of Law in 1994. He was admitted to the New York State Bar in 1995 and the State of Connecticut Bar in 1996, supporting his work across both jurisdictions and courts for clients there.
Stewart has represented accused individuals in New York City Courts and in Westchester, Orange, Putnam, Dutchess, Rockland, Nassau, and Suffolk Counties. He has also handled matters in Fairfield County, Connecticut. This range of experience helps him understand local courts, procedures, prosecutors, and practical defense strategies for clients facing charges there. Stewart focuses much of his defense practice on Driving While Intoxicated, Driving While Ability Impaired, DMV Refusal Hearings and Appeals, moving violations, and license-related issues.
Stewart’s legal career includes work as a Westchester County Assistant District Attorney from 1995 through 1999. Since then, he has used trial, hearing, and negotiation experience to defend people against serious allegations, seek favorable plea outcomes, and challenge weak evidence when the facts support a courtroom challenge or focused argument.
Stewart helps clients by reviewing the details behind arrests, police observations, checkpoints, parked vehicle allegations, and claims involving signs of intoxication. His work includes identifying medical, prescription, over-the-counter medication, or other explanations that can affect how the evidence should be viewed and presented before judges and prosecutors in court.
Stewart A. McMillan maintains professional involvement through the New York State Bar Association, Westchester County Bar Association, New York City Bar Association, and Fairfield County Lawyers Association. He is a member of the New York State 18b Panel for Poor Criminal Defendants charged with Misdemeanor and Felony Crimes, reflecting advocacy.
Law Office Affiliations
- Attorney, McMillan Constabile Foster & Perone, LLP
- Member, New York State Bar Association
- Member, Westchester County Bar Association
- Member, New York City Bar Association
- Member, Fairfield County Lawyers Association
Licensed State
- New York
- Connecticut
Education
- Fordham University of Law
Juris Doctor (JD) - Georgetown University
Bachelor of Arts (BA)
Awards & Badges



- Drug Crime
- DUI & DWI
- Expungement
- Sex Crimes
- Speeding & Traffic Tickets
- Violent Crime
- Animal & Dog Bites
- Brain Injury
- Car Accidents
- Construction Accidents
- Motorcycle Accidents
- Nursing Home Abuse & Neglect
- Trucking Accidents
- Wrongful Death
- Workers' Compensation




