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If someone were charged with a DWI and Menacing 2nd degree, and the menacing was due to a false statement, which charge is bette

Oswego, NY |

Should the person with the DWI take the menacing charge, or should the person that made the false statement take that charge? Would the menacing charge stick or would it be dropped if the person reported making a false statement?

Attorney Answers 5


  1. 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.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation. Merchant Law Group LLP: http://www.nyslitigators.com


  2. 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.

    Good Luck

    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.


  3. You really want to avoid a DWI at all costs. Speak with an attorney as to the specifics.


  4. 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.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  5. 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.
    Anelli Xavier
    Syracuse - Albany - Rochester - Buffalo
    1-800-DWI-TEAM

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