It depends on whether it is Felony DWI or misdemeanor DWI. If it's the latter, and if the D.A. agreed to plead everything out with menacing 2nd (which seems unusual), then I might suggest pleading guilty to menacing as otherwise your insurance rates will go up, you'll have to pay a big fine, driver license suspension, etc. But, before doing anything you really should discuss this with a lawyer. Most offer free consultations.
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This is not a question that can or should be answered without sitting down with your criminal defense attorney and going over all of the facts and circumstances of your case. DWI and related charges don't just get dismissed in favor of other charges absent highly unusual circumstances.
If you have not already retained an experienced criminal defense attorney in your county, I would urge you to do so before deciding on any course of action.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.
Complaining witnesses don't take charges but under these facts could be arrested for making a false report. Whether the person charged should accept anything depends on the facts, evidence and offer. The person should talk to his lawyer.
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I agree with my colleagues, in particular with attorney Greenspan.
Hire a qualified defense attorney who is familiar with eth courts and prosecutors in Oswego County. I suggest attorney Jon Ward who posts on this board.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo