Lothstein Law Office, PLLC

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Featured Case:
August 11, 2009. Victory in Franklin District Court. The Sanbornton Police charged J.H. with DWI, and sought to introduce evidence of a breath test significantly over the legal limit. First, J.H. won his ALS hearing and avoided
a 6 month administrative suspension. Then, on Aug. 11, 2009, on the 2d day
of the DWI trial, Attorney Lothstein's cross-examination of the breath test operator exposed mistakes that left the admissibility of the breath test result
in doubt. At that juncture, the prosecution agreed to settle the case by dismissing the DWI charge and allowing J.H. to plead guilty to reckless driving, a violation. Another hard-fought victory!

CASE EXAMPLES
»	April 7, 2010. The Rindge Police stopped K.S. and charged K.S. with underage DWI (K.S. blew 6 times the legal limit), transporting and possessing marijuana, and driving with a suspended license, 2d offense. She is a Massachusetts driver, so her fee included free consultation with a Massachusetts RMV expert. After Attorney Lothstein filed a motion to suppress, the prosecutor allowed K.S. to plead guilty only to DWI and an additional non-motor vehicle, non-criminal violation. As a result, K.S., a college student, avoided being declared an Habitual Offender, avoided conviction on 2 out of 3 major motor vehicle convictions, and avoided disqualification for student loans for one year (based upon conviction of a drug offense). .......................................................................................................................................
»	Feb. 12, 2010. Nashua District Court. M.C. charged by Nashua Police with DWI, 2d offense. Faces potential 5 year license loss. Attorney Lothstein cross-examines arresting officer at Administrative License Suspension (ALS) hearing and wins - no administrative license suspension. Subsequently, prosecution allows M.C. to plead guilty to reduced charge, DWI-1st offense, avoiding jail, avoiding mandatory ignition interlock, and cutting overall license loss from 5 years to 18 months. .......................................................................................................................................
»	November 24, 2009. Laconia District Court. B.S. charged with DWI - and blew 0.14 breath test. Prosecution agreed to drop DWI charge and allow B.S. to plead guilty to reckless driving, 2d offense with a 6 month license loss. Although B.S. lost commercial driver's license (CDL) administratively because of the breath test over legal limit, this plea likely saved his long-term career as a commercial vehicle operator. .......................................................................................................................................
»	November 5, 2009. In Keene District Court, K.T. faced a DWI-2d charge. Conviction would have meant up to a 5 year license loss, mandatory jail time, and the ignition interlock program. Ted Lothstein persuaded the prosecutor to take a second look at the case. The result? The State dropped the DWI-2d charge, instead allowing K.T. to plead guilty to reckless driving, with an 8 month license loss - no criminal conviction, no jail, no 5 year license loss, no ignition interlock. .......................................................................................................................................
»	October 26, 2009. Manchester District Court. C.C. faced a DWI-2d charge. Conviction would have meant up to mandatory jail time. On the day of trial, after hours of waiting, and after C.C. followed Attorney Lothstein's advice during those hours to refuse repeated offers to plead guilty to DWI-Second Offense, the prosecution finally agreed to drop that charge and allow C.C. to plead guilty to a DWI-1st offense, a lesser charge that carries no jail time. ....................................................................................................................................... back to top
»	October 7, 2009. Jaffrey-Peterborough District Court. R.B. faced an alarming array of criminal motor vehicle charges arising out of a single motor vehicle stop: DWI (0.15 breath test), Transporting Controlled Drug (marijuana) in a vehicle, Conduct After an Accident (leaving the scene of an accident), Possession of Marijuana, Transportation of Alcoholic Beverages in a motor vehicle. After negotiation, the State agreed to drop all charges except the DWI, and recommended the minimum sentence under law for that offense. After one year, R.B. will have only a violation, and no criminal convictions, on his record. .......................................................................................................................................
»	September 22, 2009. Franklin District Court. P.B., representing himself, attempted to plead no contest to aggravated DWI (based on a BAC, or breath alcohol concentration, of 0.19). When the judge told him about the mandatory jail time, however, he withdrew his plea and retained Ted Lothstein. By the time of trial, the State agreed to drop the aggravated DWI charge and allow P.B. to plead guilty to a lesser charge, DWI-first offense. This enabled P.B. to avoid mandatory jail time, a much longer license suspension, and the ignition interlock program! .......................................................................................................................................
»	September 14, 2009. Haverhill, NH District Court. The prosecution agreed to drop an 6 month ALS (administration license suspension) in exchange for N.E.'s guilty plea to DWI, effectively shortening his license loss by two-thirds from nine months to a minimum 90 days. ....................................................................................................................................... back to top
»	August 12, 2009. Victory in Lebanon District Court. The Lebanon Police prosecuted M.B. for DWI. Attorney Lothstein prepared a Motion to Suppress, arguing that the police lacked sufficient cause to stop M.B.'s vehicle. Subsequently, the State agreed to settle the case by dismissing the criminal DWI charge and allowing M.B. to plead guilty to reckless driving, a motor vehicle violation. M.B. avoided the stigma and costly collateral consequences of a DWI conviction! .......................................................................................................................................
»	On July 30, 2009, in the Concord District Court, M.M. was charged with DWI, 2d offense, which carries a mandatory 3 year license loss, mandatory jail time, and mandatory inpatient treatment. Ted Lothstein, after filing motions for discovery and to suppress evidence, obtained a plea agreement where all DWI charges were dropped! M.M. pled guilty to reckless operation, resulting in a 90 day license loss, a fine and outpatient counseling! .......................................................................................................................................
»	On July 9, 2009, in the Salem District Court, Attorney Lothstein obtained a negotiated settlement where a DWI was dismissed and L.B. pled guilty to negligent driving, an offense which carries no license loss. The administrative suspension remained in place. Because negligent driving is not a “major motor vehicle conviction,” this saved L.B. from becoming an habitual offender! ....................................................................................................................................... back to top
»	On June 9, 2009: In Concord District Court, on the day of trial, prosecution offers and S.G. accepts plea to reduced charge of reckless driving. DWI charges dismissed! Because its an underage DWI, this victory reduces S.G.'s license loss by 10 months. .......................................................................................................................................
»	Jan. 26, 2009 Derry District Court - State v. J.C. - Negotiated Plea reached - DWI, third offense, reduced to simple DWI, and administrative license suspension for test refusal withdrawn. Client avoids a mandatory 7 year total license loss and mandatory 37 days in jail, and instead receives 12 month license loss and a fine. .......................................................................................................................................
»	In the Exeter District Court in 2008, Sandra S. was charged with aggravated DWI, an offense carrying mandatory jail time upon conviction, based on the allegation that she drove under the influence of drugs with her ten year old son in the car. Ted Lothstein argued that the arresting officer initially noticed nothing unusual and even let defendant drive a short distance, did a shoddy investigation, and made critical mistakes when administering the warnings related to a blood test. On the day of trial, after the defense rejected the State’s offer of a first offense DWI, the State agreed to drop all DWI charges and settle the case as a reckless driving plea and conviction. ....................................................................................................................................... back to top
»	In State v. Jennifer M., a young woman was charged in Rockingham County Superior Court with negligent homicide (alcohol impairment) and negligent homicide (excessive speed) for a single-car accident in which she rolled over her Jeep on Route 101 while returning home from a nightclub in Manchester… a tragic accident that killed her passenger and best friend. Ted Lothstein and co-counsel filed a motion to suppress blood test results that showed Jennifer M. had an incriminating blood alcohol level, and a motion to suppress a horizontal gaze nystagmus test that the state trooper believed produced evidence of impairment. After hearings, the trial court granted both motions. After much of the evidence had been suppressed, the State agreed to drop the alcohol impairment indictment and the parties reached a negotiated settlement involving consequences far less than the typical outcome of a DWI-fatality case in this State. .......................................................................................................................................
»	In the Auburn (now Candia) District Court, the State charged Glenn F. with aggravated DWI based on the theory that the motor vehicle collision caused serious bodily injury to the driver or passenger. Ted Lothstein litigated the issues of speedy indictment and speedy trial, and ultimately the case returned to the District Court, where the State agreed to drop all DWI charges and accept a plea to reckless driving plea and conviction. .......................................................................................................................................
»	In State v. Rodney A., the State charged Rodney A. with DWI; the officer testified after he pulled Rodney A. over, he smelled of alcohol, and was stumbling, slurring, and nearly passing out. Ted Lothstein persuaded the jury that Rodney A.’s symptoms were the result of a hypoglycemic reaction related to Rodney A.’s type-2 diabetes. The jury found Rodney A. not guilty. .......................................................................................................................................
»	In State v. Joshua Lamy, an appeal briefed and argued by Ted Lothstein, the New Hampshire Supreme Court reversed convictions for vehicular manslaughter and negligent vehicular homicide. The Court, in what it acknowledged to be an exceedingly close and difficult case, held that the State failed to prove guilt beyond a reasonable doubt. Back to top

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