Is "Cinderella" coming to NH?

The #1 most frequently asked question by new DWI clients and potential DWI clients of my firm? Can I get a special permit to drive to work? Sadly, for as long as I can remember (and I have been defending DWIs and criminal cases in NH for over 18 year… Read More

Big Changes for NH's Sentence Review Division

Effective March 1, 2013, the Supreme Court has promulgated new rules for NH’s Sentence Review Division, rules which may prevent the prosecution from seeking sentence review in certain instances, but which also may result in many accused citizen… Read More

New Hampshire's 2013 Changes to DWI Sentencing Laws - 3d Installment

It is now mid-February and New Hampshire’s new DWI sentencing laws, which became effective on January 1, 2013, are in full swing. I have updated my website to summarize all of these changes – you can read about the changes in the law here… Read More

Sobriety Checkpoints in Manchester NH on Super Bowl Weekend

When you make your plans for Super Bowl weekend…you may want to think about steering clear of Manchester, New Hampshire. This week, the Manchester Police Department announced that it will conduct a “sobriety checkpoint” on Friday, February 1 an… Read More

2013 DWI Sentencing – Chaos In The Court System – Part II

Last week, I wrote about how a new legislative enactment, effective January 1, 2013, instilled chaos and confusion in the sentencing process for individuals convicted of driving while intoxicated in New Hampshire. The law also will make it a lot easi… Read More

2013 DWI Sentencing - Chaos In The Courts

Effective January 1, 2013, a new legislative enactment instilled chaos and confusion in the sentencing process for individuals convicted of driving while intoxicated in New Hampshire. The new DWI law, “House Bill 283,” eliminates the familiar “… Read More

Can the prosecution prove its case using rank hearsay?

On September 5, 2007, the New Hampshire Supreme Court, in a 3-2 decision, upheld the constitutionality of laws that allow the prosecution to use hearsay evidence to prove an essential element in a DWI prosecution. State v. O’Maley, 156 N.H. 125… Read More

State Seeks to Cover Up Flaws in Breath Testing Program

New Hampshire statutes, regulations and caselaw require that breath testing machines capture and preserve a second sample of the accused’s breath. The accused is given the captured sample and has the right, at her own expense, to have the sampl… Read More

2011 - a Great Year for Law-Tech at Lothstein Law

In 2011, Lothstein Law Office moved to the next level in law office technology. The results have been a dramatic improvement in my ability to manage complex cases, work on cases seamlessly inside and outside the office, and give audio-visual presenta… Read More

NH Supreme Court - Sentencing and Remorse

02/28/2008. Sentencing Hearings, Remorse, and the Right Against Self-Incrimination. In State v. John Burgess, 943 A.2d 727 (2008), an appeal briefed and argued by Theodore Lothstein, the Court analyzed whether a criminal defendant’s “lack… Read More