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New Hampshire DWI / DUI Defense Victories

Lothstein Guerriero, PLLC has a substantial track record winning victories for clients and helping them get on with their lives. Many DWI arrests in New Hampshire do not lead to a DWI conviction. Here is just a sampling of the many victories we have achieved on behalf of our clients.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Client faces 6-month administrative license suspension for blood test over the legal limit – Attorney Lothstein prevails in hearing. No license suspension. Read More
Client faces DWI-2d offense in Goffstown Circuit Court, with blood alcohol level over the aggravated DWI limit (0.16). Attorney Lothstein negotiates plea to DWI-1st offense, Client is saved from mandatory jail, mandatory 3 year license loss, mandatory ignition interlock. Read More
Client, facing DWI prosecution in Concord Circuit Court, retains Attorney Lothstein and goes to trial. Outcome after trial: NOT GUILTY of DWI, guilty of transporting alcoholic beverages in motor vehicle. Read More
Client, facing DWI, Leaving Scene of Accident prosecution and 6-month administrative suspension for breath test over legal limit, retains Attorney Lothstein and secures plea to DWI where the prosecution dismisses the Leaving Scene charge and rescinds the 6 month admin suspension. Read More
In Jaffrey-Peterborough Court, Client was charged with Underage DWI after she blew a .10 — five times the legal limit for a driver under 21 years old. She faced a mandatory one year license suspension. Attorney Lothstein filed a motion to suppress and, on the eve of trial, secured a plea to Negligent Operation and Unlawful Possession of Alcohol with a fine and a 90 day license loss. DWI dismissed! Read More
Client, charged in Plymouth District Court with DWI, was arrested at a Holderness, NH “sobriety checkpoint” (roadblock). At trial, Attorney Lothstein argued that all evidence should be suppressed because a state trooper violated driver’s constitutional rights during the investigation. The Judge agreed, and granted the motion to suppress — case dismissed! Read More
Client, charged in Newport District Court with Underage DWI, possession of marijuana, and Open Container, faced a mandatory one-year license suspension if convicted of DWI. He retained Ted Lothstein, who prepared for trial, and then secured a plea where the DWI was dismissed and replaced with a reckless driving complaint, reducing Client's overall license suspension to 120 days and saving him from the long-term economic hardship and stigma of a DWI conviction. Read More
Client faced a charge of DWI in Nashua District Court. He hired Ted Lothstein, prepared for trial, and on the eve of trial, was offered a plea to Negligent Operation, a non-criminal violation. No DWI, no criminal record, no SR-22, no probationary driver status … a great outcome! Read More
Client, charged with New Hampshire DWI in a western NH district court, agreed to a disposition where he pled guilty to DWI, received the mandatory minimum sentence under law, and the administrative license suspension was dismissed. This is a criminal justice system, and that means that not every case can be won. Attorney Lothstein is candid with his clients when they face an uphill battle, and substantially reduces his fee if client decides to cut his or her losses and accept a plea to a DWI offense. Read More
In Concord District Court, Client, under arrest for DWI-2d, provides a 0.18 breath test on the Intoxilyzer 5000EN. Client hires Ted Lothstein, DUI lawyer in NH. Outcome: on the morning of trial, prosecution agrees to allow Client to plead to DWI as a first offense, thereby reducing the total license suspension, avoiding mandatory jail time, and avoiding the ignition interlock program. Read More
In Littleton District Court, Client 1 charged with DWI-2d Offense, retains Ted Lothstein’s services. First, we win the ALS hearing on the merits (avoiding a consecutive 2-year license suspension). Then, at the time of trial, we secure a plea to a class B misdemeanor entitled “Reckless Conduct” which is not a motor vehicle offense – DWI-2d dismissed! This overall outcome saves Client 1 from a total five-year license revocation, mandatory jail time, mandatory 7-day residential program, and the mandatory ignition interlock program. Instead Client 1 receives no suspension of his driver’s license whatsoever! ALSO: Client 2 faces charge of felony DWI in Grafton County Superior Court. Attorney Lothstein secures a plea to a misdemeanor DWI offense. Result: Client 2 does not become a convicted felon, avoiding all the long-term stigma and civil disabilities associated with that status. Read More
In Hooksett District Court, Client charged with DWI, 2d Offense. Attorney Lothstein first wins Client’s ALS hearing on the merits, saving him from a 2-year consecutive license suspension. Then, on the eve of trial, Attorney Lothstein, a DUI lawyer in NH, secures plea to Reckless Driving, saving Client from mandatory jail time, a mandatory 7-day alcohol abuse program, mandatory ignition interlock for one year, and a mandatory 3-year license suspension. Before Client hired Attorney Lothstein, he faced a 5 year license suspension. Thanks to this amazing series of victories, he received a total license suspension of 60 days! Read More
In Jaffrey-Peterborough District Court, Client, charged with “Underage DWI,” faces 18-month total license suspension. Attorney Lothstein secures plea to “Reckless Driving.” This reduces total license suspension by an entire year and the bottom line is this young person enters adulthood with no DWI conviction! Read More
In Claremont District Court, Client, under arrest for DWI, submits to Intoxilyzer 5000EN breath test and blows a 0.15 breath test – just a hundred of a percent below the level for an Aggravated DWI! She hires Ted Lothstein, who finds infirmities in the breath testing procedure and secures a plea to Reckless Driving. Result: 0.15 breath test, no New Hampshire DWI conviction! Read More
In Jaffrey-Peterborough District Court, Client 1 was charged with DWI … hired Ted Lothstein ... and the prosecution, on the brink of trial, allowed Client to plead guilty to Reckless Driving, a motor vehicle violation, thereby saving Client 1 from a longer license revocation, the mandatory treatment program, and the stigma of a DWI conviction. In Exeter District Court, Client 2 was charged with DWI … and then she hired Attorney Ted Lothstein, who secured a plea to Reckless Driving, a motor vehicle violation, thereby saving Client 2 from a longer license revocation, the mandatory treatment program, and the stigma of a DWI conviction.Yes, you read that right … that’s two different clients, two charges of New Hampshire DWI reduced to Reckless Driving, in two different Courts 75 miles apart, on the same day! Read More
In Claremont District Court, Client faced a charge of DWI, 2d Offense. Attorney Lothstein secured a plea to a reduced charge, DWI-1st Offense, which saved Client from mandatory jail and mandatory ignition interlock program, and cut his license loss down from 5 years to 1 year, an 80 percent reduction! Read More
In Claremont District Court, Client faced aggravated felony DWI charge. This arose out of motor vehicle accident that caused passenger to suffer a compound fracture of a bone in his arm. Despite incriminating blood alcohol tests, Attorney Lothstein, a DUI lawyer in NH, secured dismissal of felony DWI charge in a negotiated plea that allowed Client to plead guilty to a first offense low level misdemeanor DWI with a six month loss of license. This saved Client from mandatory jail time, mandatory 7 day treatment program, mandatory minimum one year license revocation, and mandatory ignition interlock requirement. Read More
In Plymouth District Court, After unsuccessful ALS hearing that resulted in 6 month license revocation — in a difficult case with a 0.13 breath test — State agreed to vacate that suspension in exchange for Client’s guilty plea to New Hampshire DUI and a minimum 90-day license suspension. Thus, Client blew a breath test well over the legal limit, and was able to have her lawyer conduct a full cross-examination of the arresting officer in an administrative hearing, but still was able to receive the minimum consequence for DWI available under law. Read More
Berlin District Court — Client faced DWI first offense carrying minimum 90-day license revocation, and ALS suspension for refusal to take a breath test that carried minimum 180-day license suspension. State agreed to withdraw both the DWI, and the ALS, in exchange for Client's guilty plea to reckless driving which resulted in a 60-day suspension. No DWI or alcohol-related conviction, no ALS suspension. Read More
In Lebanon District Court, the State Police charged Client with DWI-2d Offense and Aggravated DWI. Attorney Lothstein filed a motion to suppress, contending that the vehicle stop violated Client’s constitutional rights. On the day of trial, the State allowed Client to plead guilty to reckless driving, and dropped the DWI charges. Client avoided mandatory jail time, mandatory 7-day alcohol treatment program, mandatory one-year “ignition interlock”, and the plea reduced her court-imposed license suspension from 36 months to 60 days! Read More
Attorney Lothstein represented a building contractor who faced a DWI charge in the Laconia District Court. This DWI was brought by the New Hampshire State Police after they stopped Client in a “roadblock” following a Meadowbrook Pavilion concert. A DWI conviction would mean a one year loss of his Commercial Driver’s License, which would be devastating to his business, his family and his livelihood. Attorney Lothstein secured a plea where Client served a 90 day suspension of his driver’s license, but did not get a DWI conviction, did not lose his CDL, and still has no criminal record. His testimonial appears here. Read More
In Southern Carroll County (Ossipee) District Court, Client faced a charge of boating while intoxicated. Any license suspension would have been devastating for this Boston commuter. Attorney Lothstein, a DUI lawyer in NH, secured a dismissal of the charge, AND a withdrawal of the administrative suspension. Result: no conviction for any traffic offense, and no license suspension whatsoever! Read More
The Lebanon Police charged Client in the 2d Circuit – District Division – Lebanon Court with DWI, which carries an absolute minimum 90 day license suspension, AND transporting marijuana, a major motor vehicle offense that carries a mandatory 60 day license suspension. On the brink of trial, the State accepts a negotiated plea where Client pleads guilty only to possession of marijuana, an offense which is not within the motor vehicle code, and pays a fine. No DWI, No Transporting, No License Suspension Whatsoever! Read More
In Lebanon District Court, Client faced a charge of aggravated DWI based on a blood test reading of .35 … over four times the legal limit, and more importantly, twice the aggravated DWI limit of .16. Attorney Lothstein obtained a settlement for Client where he pled guilty to simple DWI, and thereby avoided mandatory jail time, mandatory 7-day residential alcohol program, and a mandatory one year “ignition interlock” requirement. Read More
The Conway Police Department charged Client in the 3d Circuit - District Division - Conway Court with Underage DWI, a criminal offense that carries a mandatory minimum one year license suspension. Attorney Lothstein, co-counsel with a terrific north country attorney named Ed Alkalay (read more here), secures a plea to Reckless Operation. This shortens the license suspension to 8 months (taking into account the ALS) and saves the young Client from having a criminal record! Read More
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
Client faced a charge of DWI in the 6th Circuit - District Division - Hooksett Court. While awaiting trial, he was arrested and charged for Breach of Bail Conditions / Contempt of Court, a class A misdemeanor that carries up to a year in jail, for violating a bail condition. We won the contested ALS hearing, reducing his license suspension by 6 months. He then pled guilty to DWI, received the mandatory minimum penalties under law, and in exchange, the State filed a letter with the Court agreeing not to prosecute the Breach of Bail Conditionscharge. Read More
In Nashua District Court, Client 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 Client 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. Read More
In the 2d Circuit - District Division - Haverhill Court, Client faced a charge of DWI. He pled guilty, and received the mandatory minimum penalty under law, in exchange for the withdrawal of the consecutive 6 month ALS (refusal of breath test) suspension. Read More
In Laconia District Court, Client charged with New Hampshire DWI – and blew 0.14 breath test. Prosecution agreed to drop DWI charge and allow Client to plead guilty to reckless driving, 2d offense with a 6 month license loss. Although Client 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. Read More
The State Police charged Client with DWI in the 6th Circuit - District Division - Concord Court. Attorney Lothstein secured a plea to Negligent Operation, with a $500 fine; and as part of the plea, Client accepted the 6 month administrative suspension. No DWI, no criminal record, and the resulting offense does not even require Client to be a probationary driver for five years, like some other major motor vehicle offenses! Read More
In Keene District Court, Client 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 Client 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. Read More
In the 4th Circuit - District Division - Laconia Court, Ted Lothstein represented Client, charged by the Laconia Police Department with driving while intoxicated, class B misdemeanor. After a full trial, Judge Carroll found Client not guilty of DWI. Vindicated! Read More
In Manchester District Court, Client 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 Client 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 Client to plead guilty to a DWI-1st offense, a lesser charge that carries no jail time. Read More
In the 6th Circuit – District Division – Concord Court, Ted Lothstein represented Client, charged by the State Police with Underage DWI, an offense that carries a mandatory minimum one year license revocation, AND Transportation of Marijuana, which carries an additional 60 day mandatory license revocation. Lothstein secured a plea to Reckless Operation – cutting his license suspension time in half (to 6 months), and avoiding a DWI conviction. The marijuana charge was referred to the FAST program, an alternative disposition program in Concord that allows people charged with first-offense drug possession and other offenses to get their charges dismissed after completing the program. So, Client now has an opportunity to avoid a DWI, and avoid a drug conviction, and avoid having any criminal record.That same day, in the 2d Circuit – District Division – Lebanon Court, Ted Lothstein represented Client, who was similarly charged with both DWI and Possession of Controlled Drug (Marijuana). Lothstein secured a plea toReckless Operation, with a total license suspension of 8 months (including the ALS), with the DWI charge dismissed, AND the drug charge dismissed! Read More
In Franklin District Court, Client, 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, a DUI lawyer in NH. By the time of trial, the State agreed to drop the aggravated DWI charge and allow Client to plead guilty to a lesser charge, DWI-first offense. This enabled Client to avoid mandatory jail time, a much longer license suspension, and the ignition interlock program! Read More
Jaffrey, NH Police charge Client in the 8th Circuit – District Division – Jaffrey Court with Aggravated DWI (for eluding pursuit by police when then blue lights came on), Reckless Operation (going over 100mph), andDisobeying a Police Officer (for not stopping). The Aggravated DWI would have carried mandatory jail time,mandatory one year license revocation, and mandatory one year ignition interlock. Lothstein secured a plea to Reckless Operation and Disobeying a Police Officer – Aggravated DWI dismissed! No jail, no ignition interlock, and a total license suspension of 8 months (60 days from the Court, 6 months for the ALS). Read More
In Jaffrey-Peterborough District Court, Client 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, Client will have only a violation, and no criminal convictions, on his record. Read More
Nashua Police charge Client in the Nashua Circuit Court with Aggravated DWI, based on a .22 blood alcohol concentration (the threshold for Aggravated DWI is .16 BAC or higher), and the State files for a 180 day ALS suspension, because the .22 is far over the legal limit of .08. Client hires Attorney Lothstein, who negotiates a plea to non-aggravated first offense DWI, with the absolute minimum sentence under law – Client may restore license in 90 days – and the State will withdraw the 180 day ALS suspension. This plea saves client from mandatory jail time and a mandatory one year loss of license, both required for Aggravated DWI. Read More
In Haverhill, NH District Court, the prosecution agreed to drop an 6-month ALS (administration license suspension) in exchange for Client’s guilty plea to DWI, effectively shortening his license loss by two-thirds from nine months to a minimum 90 days. Read More
Gilmanton, NH Police charge Client with DWI in the 4th Circuit – District Division – Laconia Court. Attorney Lothstein secures a plea to Reckless Driving, saving Client from having a DWI conviction on his record for 10 years, and saving Client from having to do the onerous and costly Impaired Driver Care Management Program that is required for all DWI convictions. Read More
Victory in Lebanon District Court: The Lebanon Police prosecuted Client for DWI. Attorney Lothstein prepared a Motion to Suppress, arguing that the police lacked sufficient cause to stop Client’s vehicle. Subsequently, the State agreed to settle the case by dismissing the criminal DWI charge and allowing Client to plead guilty to reckless driving, a motor vehicle violation. Client avoided the stigma and costly collateral consequences of a DWI conviction! Read More
Happy Thanksgiving to our Client, who has something special to be thankful for! Alton, NH Police charge Client in the 4th Circuit - District Division - Laconia Court with Aggravated DWI, and Transporting Alcoholic Beverages, based on allegations that client had a .17 BAC and had open alcohol containers in his vehicle. Attorney Lothstein secures negotiated plea to Reckless Driving — no conviction for Aggravated DWI, no conviction for Transporting Alcohol. Client receives a 60 day loss of license and $620 fine. This plea saves Client from mandatory jail time, a mandatory minimum one year license loss (for Aggravated DWI), mandatory one year ignition interlock, and finally, Client does not have to enroll in any programming or educational courses to restore his license. Read More
In the Concord District Court, Client was charged with New Hampshire 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! Client pled guilty to reckless operation, resulting in a 90 day license loss, a fine and outpatient counseling! Read More
Lebanon Police charge Client with Driving While Intoxicated in the 2d Circuit – District Division – Lebanon Court. Client hires Attorney Lothstein, who secures a plea to Reckless Operation, AND an agreement that Client will only have to serve 4 months of the 6 month ALS suspension (for blowing a breath test over .08). This plea means no criminal record for client, no DWI conviction, no IDCMP, and significantly shortens the statutorily-required license suspension as well! Read More
In the Salem District Court, Attorney Lothstein obtained a negotiated settlement where a DWI was dismissed and Client 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 Client from becoming an habitual offender! Read More
The New Hampshire Marine Patrol files charges against Client in the 4th Circuit District Division Laconia Court: Boating While Intoxicated, and Improper Lighting, on Lake Winnepesaukee. This is a serious case because the penalties for BWI are the same as the penalties for driving while intoxicated. Indeed, because Client refused a breath test after being arrested for BWI, the NH Dept of Safety suspended his driver’s license for 180 days. Client hires New Hampshire Boating while Intoxicated defense lawyer Theodore Lothstein, and takes the case to trial. After a full trial, the Judge finds Client NOT GUILTY of Boating While Intoxicated. The Judge finds Client guilty only of the boating infraction, Improper Lighting, and orders an $80 fine. Thus, Client’s case concludes with no criminal record, no DWI conviction, no further loss of license, and no costly alcohol education classes. Read More
In Concord District Court, on the day of trial, prosecution offers and Client accepts plea to reduced charge of reckless driving. DWI charges dismissed! Because it’s an underage DWI, this victory reduces Client’s license loss by 10 months. Read More
The Woodstock, NH Police charge Client with Driving under the Influence in the 2d Circuit District Division Plymouth Court, alleging in court that she provided a .16 breath test. Despite having a BAC in the Aggravated DWI range (.16 and higher), Attorney Lothstein secures a plea to DWI-first offense with the minimum penalties under law for a first offense, and as part of the plea agreement, withdraws the 180 day administrative suspension, so Client may restore her driver’s license in as little as 90 days. Read More
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
The New Hampshire State Police file charges in the 2d Circuit District Division Plymouth Court, for Driving While Intoxicated, 2d Offense, alleging that Client drove under the influence, with a prior DWI within the last 10 years, AND provided a .19 breath test, well over the limit for Aggravated DWI. Attorney Lothstein secures a plea agreement where the State dropped the DWI-2d offense charge, and Client pled guilty to Aggravated DWI, with a 24 month license suspension (a year less than a second offense DWI), and otherwise receiving the minimum penalties under law for that offense. Read More
In the Exeter District Court, Client 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 New Hampshire DUI charges and settle the case as a reckless driving plea and conviction. Read More
The Epping Police charge Client in the 10th Circuit District Division Brentwood Court with Driving while Intoxicated. They also seek a 180-day administrative suspension because he refused a breath test. Client hires NH DWI defense attorney Ted Lothstein, and we secure a plea agreement where the State rescinds the administrative suspension (no 180 day suspension), AND the State drops the DWI charge. Client pleads guilty to Reckless Operation, with a 90-day license suspension, a fine, and a requirement that he obtain a LADAC evaluation. Read More
Client 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, a DUI lawyer in NH, and co-counsel filed a motion to suppress blood test results that showed Client 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. Read More
In the 6th Circuit - District Division - Hillsborough Court, Hillsborough, NH Police charge Client with DWI, and introduce evidence at trial of a .11 blood level, approximately two hours after the motor vehicle stop. Attorney Lothstein presents a“rising BAC” defense at trial. It’s a scientific fact that the metabolization of alcohol by the body can take as long as two plus hours after finishing the last drink, so a person may be at a much lower level when driving, as compared to when the police draw a blood sample. The Court holds that the State did not prove impairment at the time of driving beyond a reasonable doubt, and finds Client not guilty! Previously, we prevailed on the ALS so with a .11 blood test, Client receives NO license suspension at all, no fine, no mandated programs, no conviction.This outcome, and many others described on this page, are not typical for a person who has an incriminating blood alcohol test or other compelling evidence for the prosecution. The many cases described on this page show, however, that great outcomes can occur, even in difficult cases, when you retain an experienced, skilled and battle-tested DWI defense attorney. Read More
The State charged Client with DWI; the officer testified after he pulled Client over, he smelled of alcohol, and was stumbling, slurring, and nearly passing out. Ted Lothstein persuaded the jury that Client’s symptoms were the result of a hypoglycemic reaction related to Client’s type-2 diabetes. The jury found Client not guilty. Read More
The Hillsborough Police charge Client with DWI in the 6th Circuit - District Division - Hillsborough Court. Attorney Lothstein secures a plea to Negligent Operation, a non-criminal motor vehicle infraction, which results in a fine, but no license suspension, as long as Client meets with a counselor for a LADAC evaluation. (If you are reading this entire page, you may notice that this is two DWI cases in the same court on the same day, neither of which ended up in a DWI or a license suspension). Read More
The Hanover, NH Police charge Client in the 2d Circuit District Division Lebanon Court with DWI, and Client also receives a 6-month administrative suspension for a breath test over .08. At trial, the DWI charge is dismissed. No DWI conviction, no costly and elaborate court-ordered educational programs, no fine. Read More
The New London Police charge Client in the 5th Circuit District Division Newport Court with DWI. Attorney Lothstein secures a plea to Negligent Operation, a non-criminal motor vehicle infraction, with a 30-day court-ordered license suspension, and the State agrees to withdraw the 6 month ALS, after just 30 days is served. Thus, Client receives no DWI and a total suspension of 60 days, in a case where the worst-case scenario was a DWI conviction and a 9 month total suspension. Read More
The State Police charge Client with DWI, 2d Offense in the 2d Circuit - District Division - Plymouth Court. Because Client refused the breath test, Client faces, as a worst case scenario, a 5-year loss of license, mandatory jail time, and mandatory ignition interlock. Represented by Ted Lothstein, Client prevails on the merits in the Administrative License Suspension hearing – finding of no reasonable grounds to arrest for DWI. Then, he secures a plea to two minor traffic violations, and pays a fine. Thus, arrested on a second offense DWI, Client receives no criminal conviction, no license loss whatsoever, and no DWI on his record! Read More
The Canaan, NH Police charge Client in the 2d Circuit - District Division - Lebanon Court with DWI. Client holds a Commercial Driver’s License (CDL) — a conviction would cause Client to lose his CDL for one year, a devastating outcome that would destroy his business. Attorney Lothstein obtains a plea to Reckless Driving with a 90-day suspension, saving Client from a DWI and saving his CDL. Read More
The State Police charge Client in the 6th Circuit District Division Hooksett Court with Underage DWI, and also bring an ALS for refusing a breath test. After a full hearing, the State wins the ALS hearing, so Client has a 6-month suspension. A DWI conviction would bring about a consecutive one-year suspension for a total suspension of 18 months. On the morning of trial, however, Attorney Lothstein secures a plea to Reckless Driving and Unlawful Possession of Alcohol by a Minor. Result? Client has no DWI, no criminal record, and his license suspension is reduced by 6 months. Read More
The Grantham Police charge Client with DWI in the 5th Circuit District Division Newport Court, and she also faces a 6-month administrative suspension (ALS). Attorney Lothstein secures a plea agreement where the State withdraws the ALS, and the DWI is dismissed; instead, Client pleads guilty to Reckless Driving. Thus, no DWI, no criminal record, and the total license suspension is 90 days rather than the 9 months she was facing at the outset of litigation. Read More
Whitefield, NH Police arrest Client and charge him with DWI in the 1st Circuit District Division Lancaster Court (“Lancaster District Court”). Attorney Lothstein secures a plea to Reckless Operation, saving Client from a DWI conviction, and protecting Client from losing his commercial driver’s license for one year. Read More
Seabrook, NH Police arrest Client and charge him in the Seabrook District Court with Aggravated DWI, based on a BAC of .19, and also based on the allegation that he drove under the influence with passengers under the age of 16. This client faced mandatory jail time and a mandatory two-year license loss upon conviction. Attorney Lothstein secures plea to a first offense non-aggravated DWI and a non-criminal endangering charge, saving Client from jail and cutting his license loss to just 6 months, a small fraction of the mandatory penalty for the charged offense. Read More
Two clients in 6th Circuit Concord District Court. Client 1, charged with DWI by the Concord Police Department, reaches agreement where she receives the minimum penalty under law for DWI and the 6-month administrative suspension is dismissed. Client 2, charged with DWI by the Concord Police Department, secures a plea to Reckless Operation, with a 60 day license loss – DWI dismissed. Read More
Client charged with DWI by the State Police in the Concord District Court. Client hires Ted Lothstein and secures plea to Reckless Operation – no criminal record, DWI dismissed. Read More
Client faces charge of DWI in Concord District Court brought by the New Hampshire State Police. He blew a .08 breath test, and if convicted of DWI, would lose his Commercial Driver’s License (CDL) for one year. Attorney Lothstein secures plea to Negligent Operation, with a 30-day license loss. CDL saved, DWI dismissed. Read More
Client faces driving under influence of marijuana charge in Hillsborough District Court, brought by the Deering, NH Police. Attorney Lothstein secures plea to Reckless Operation – DWI dismissed. Read More
The Bradford, NH Police arrest Client for DWI, and she provides a breath test of .08. Attorney Lothstein obtains a plea agreement in the Hillsborough District Court where the DWI is dismissed, and client pleads guilty to reckless operation, thereby avoiding a criminal record, avoiding a DWI conviction, and avoiding involvement in the costly and burdensome Impaired Driver Care Management Program (“IDCMP”). Read More
The Windham, NH Police arrest Client for DWI, and Client refuses a breath test. Attorney Lothstein obtains a plea agreement in the Salem District Court where Client pleads to reckless operation. No criminal record, no DWI, no IDCMP. Read More
Franklin, NH Police arrested Client for DWI – with a .29 blood alcohol concentration (almost double the Aggravated limit and nearly four times the legal limit of .08). Nevertheless, Attorney Lothstein secured plea bargain in Franklin District Court where client pled guilty to DWI first offense. This prevented a conviction for Aggravated DWI and saved client from mandatory jail time and mandatory one year ignition interlock. Read More
Haverhill, NH police charged Client with DWI in the Haverhill District Court. Attorney Lothstein secured plea to Negligent Operation, a non-criminal violation. Client paid a fine and served a 14-day license suspension, with the right to restore his license without completing any court-mandated programs. Read More
Epsom, NH Police charged Client with DWI. Client – who blew over the legal limit – prevails on the merits in the administrative license suspension hearing – no 180-day suspension. Then, in 6th Circuit District Division Concord Court, Attorney Lothstein obtains a plea agreement for Client – a plea to Negligent Operation with a 15-day license suspension – DWI dismissed! Read More
Candia District Court, NH: N.H. State Police charge Client with aggravated driving under the influence of marijuana, an offense carrying mandatory jail time and a mandatory one-year license loss upon conviction. Attorney Lothstein obtains plea agreement for Client to plead guilty to Reckless Operation with a 60-day license loss – no jail, Aggravated DWI dismissed, no DWI conviction! Read More
Salem District Court, NH. Pelham Police charge Client with DWI and initiate administrative license revocation (180-day suspension) proceeding. Attorney Lothstein files Motion to Suppress in Court, and then obtains plea agreement where DWI is dismissed, AND ALS suspension is dismissed. Client pleads guilty to speeding and pays a $103 fine. Read this client’s on-line review Read More
6th Circuit – District Division – Concord Court, NH. Concord Police Department charges Client with DWI. Client holds a Commercial Driver’s License (CDL) and stands to lose it for one year upon conviction. Attorney Lothstein obtains a plea agreement where the 180 day ALS suspension is dismissed and the DWI is dismissed – Client pleads guilty to Reckless Operation with a 60-day license suspension. This saves client’s CDL! Read More
Hopkinton, NH Police charge Client with DWI. After trial in the Concord District Court, Client is found NOT GUILTY. Read More
Client charged with DWI in the Plymouth Circuit Court – Attorney Lothstein secures plea to reckless driving, saving Client from a DWI conviction and reducing minimum license suspension by four months. Read More
Client charged with DWI in the Concord District Court – Attorney Lothstein secures plea to reckless driving. Read More
Client charged with DWI in the Nashua Circuit Court – Attorney Lothstein secures plea to reckless driving Read More
Client charged with DWI in the Portsmouth Circuit Court – Attorney Lothstein secures plea to reckless driving. Read More
Victory in Franklin District Court. The Sanbornton Police charged Client with DWI, and sought to introduce evidence of a breath test significantly over the legal limit. First, Client won his ALS hearing and avoided a 6 month administrative suspension. Then, on the 2nd 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 Client to plead to reckless driving, a motor vehicle infraction. Another hard-fought victory! Read More
Attorney Lothstein represented Client in the Lebanon Circuit Court. The Lebanon Police had charged client with DWI, after he blew a breath test substantially over the legal limit. Attorney Lothstein secured a plea to Reckless Operation and also reached agreement that, after 4 months of license suspension, the State would withdraw the 6 month ALS suspension for blowing over the legal limit. This plea agreement saved Client from having a criminal record, saved him from having a DWI on his record for 10 years, saved him from having to participate in the onerous and costly Impaired Driver Care Management Program, and shortened his license suspension. Further, because Client’s home state of Connecticut does not reciprocate these types of license suspensions (but does reciprocate a DWI suspension), he will have no license suspension in his home State! Attorney Lothstein is licensed to practice in Connecticut and New York, maintains many contacts in these States, and this helps him serve these out-of-state clients. Read More
Lebanon Police Department charges Client with DWI and Transporting Controlled Drug (Marijuana). Ted Lothstein secures plea to Reckless Operation, with the DWI and Transporting Controlled Drug charges dismissed. Thereby, our firm saves Client from a DWI conviction, and saves him from having a drug conviction on his record.​ Read More
Client charged with DWI in Plymouth. Attorney Lothstein’s advocacy wins a plea to reckless driving, saving client from having a criminal record, saving client from having a DWI on his record for 10 years, and reducing the license suspension by 4 months. Read More
Concord Police Officer stops Client and charges Client with DWI after observing Client drive in circles late at night, seemingly lost, with a plate light out. Attorney Lothstein files motion to suppress the vehicle stop. Subsequently, prosecutor gives Client the opportunity to plead to a lesser offense, with the DWI dismissed. This plea saves Client’s commercial driver’s license. An administrative hearing convened to suspend Client’s commercial driver’s license for one year results in no suspension at all because Client did not get convicted of DWI, and did not sustain a DWI administrative suspension. Read More
State Police arrest Client after he is stopped in a DWI roadblock and blows a breath test over the legal limit. Judge Rappa holds that the investigating officer did not have sufficient suspicion to justify removing driver from the vehicle for field sobriety tests, and grants motion to suppress all evidence that follows, including the breath test. This results in dismissal of the charge. Read More
Pelham police arrest Client for DWI following a traffic stop for weaving. The cruiser video shows that Client did not cross the center line a single time. Client’s DWI is dismissed and Client is allowed to plead guilty to negligent operation, a much less serious offense.  Read More
Enfield Police Department stop Client for driving with a seemingly defective headlight, late at night in a neighborhood recently plagued by vandalism. Attorney Lothstein files motion to suppress the stop, and subsequently, prosecutor allows Client to plead guilty to lesser offense, negligent operation. Read More
Charlestown Police Department stop Client after observing what they believe to be suspicious behavior in a neighborhood that had multiple burglaries in recent weeks, and charge Client with Aggravated DWI based on breath test over .16. After Attorney Lothstein files motion to suppress the stop, prosecutor gives Client opportunity to plead guilty to reckless operation, and dismisses the Aggravated DWI charge, saving Client from mandatory jail time, mandatory minimum one year license revocation, mandatory ignition interlock for one year! Read More

These victories do not predict the outcome of your case. Like most lawyers who are not afraid to try a case, Ted Lothstein and Richard Guerriero have both seen plenty of juries vote to convict. From both their victories and his defeats, Ted Lothstein and Richard Guerriero have gained the experience and wisdom to guide a client through the process of exposing the weaknesses and strengths both of the prosecution’s case and of the available defenses, with the ultimate goal of achieving the best possible outcome - which may be a trial, or a negotiated settlement, a choice only the client can make.

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