» Law Practice Management

State Seeks to Cover Up Flaws in Breath Testing Program

September 18th, 2012

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

Categories: Law Practice Management

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

September 18th, 2012

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

Categories: Law Practice Management

NH Supreme Court - illegal Sentences

September 18th, 2012

New Hampshire Supreme Court. Maximum Jail Sentence, and Maximum Fine, PLUS Probation = Illegal Sentence. The State accused Hancock of urinating on a probation officer, charged as a misdemeanor due to a prosecutorial mistake in drafting the charge. Th… Read More

Categories: Law Practice Management

Recent Blog Posts

Nov

Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

November 18th, 2019

U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More

Sep

30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

September 12th, 2019

The Court Ruling The 6th Circuit Court of Appeals ruled this week that a sentencing judge gave too lenient a sentence – 30 days in jail – to the man who assaulted the world’s most famous libertarian, Senator Rand Paul. Senator Paul&… Read More

Sep

State Police Roadblock coming to Bedford this week

September 5th, 2019

DWI ROADBLOCK COMING According to patch.com, the New Hampshire State Police, Troop B have announced they will run a roadblock “DWI checkpoint”) in the Bedford area this week. Usually, “this week” means Friday or Saturday eveni… Read More

Recent Case Results

College Student Avoids Disqualification of Student Loans, Avoids 2 Out of 3 Convictions

The Rindge Police stopped Client and charged Client with underage DWI in New Hampshire (Client 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 Client to plead guilty only to the DWI and an additional non-motor vehicle, non-criminal violation. As a result, Client, a college student, avoided being declared an Habitual Offender, avoided conviction on 2 out of 3 major motor vehicle convictions, and avoideddisqualification for student loans for one year (based upon conviction of a drug offense). Read More

Cutting Edge Litigation on First Amendment Law

In State v. Marshall Zidel, 156 N.H. 684, 940 A.2d 255 (2008), the NH Supreme Court became the first in the nation to hold that a prosecution for child pornography for “collaged” images violated the accused’s free speech and privacy rights. Read More

DWI-3d Offense Reduced to Simple DWI, Administrative Suspension Withdrawn

Derry District Court – State v. Client – 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. Read More

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State Seeks to Cover Up Flaws in Breath Testing Program

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

NH Supreme Court - illegal Sentences

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