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Plymouth State's Contempt for Free Speech Rights Now National News

September 26th, 2018

Posted By

Theodore Lothstein

PSU’S SHAME A while back on this page, I wrote about the disgraceful actions of Plymouth State University in shaming and punishing faculty members for exercising their fundamental constitutional right to freedom of speech, freedom of thought, a… Read More

Categories: Criminal Cases In The News, NH State Constitution

DWI Checkpoints Coming to Portsmouth this Week

August 8th, 2016

Posted By

Theodore Lothstein

How much does a night out on the town in Portsmouth cost these days? This week, it may cost many thousands of dollars. The NH State Police have announced that they will be using federal funds to conduct a DWI Roadblock somewhere in the Portsmouth are… Read More

Categories: DWI News, NH State Constitution

Legislature Eliminates Captured Sample Requirement

June 27th, 2016

Posted By

Theodore Lothstein

The Governor has signed Senate Bill 379, which eliminates the long-standing requirement that Intoxilyzer breath testing machines in police departments capture a preserved sample of the subject’s breath. For decades, our clients have sent these… Read More

Categories: DWI News, DWI/DUI Defense, NH State Constitution

US Supreme Court Says No to Suspicionless Detentions

April 21st, 2015

Posted By

Theodore Lothstein

In an important decision today, a 6-3 majority of the United States Supreme Court held that a police officer must release a motorist after the officer has resolved the underlying purpose of the motor vehicle stop. Rodriguez v. United States (US Sup… Read More

Categories: Criminal Cases In The News, DWI News, NH State Constitution, Right to Privacy, War on Drugs Winds Down

Marijuana Laws in New Hampshire

December 1st, 2014

Posted By

Theodore Lothstein

John Maher: I am John Maher, and I’m here today with Ted Lothstein with the law office of Lothstein Guerriero with offices in Concord and Keene, New Hampshire. Lothstein Guerriero represents people charged with crime around the state New Ham… Read More

Categories: NH State Constitution

Protecting our Right to Privacy: Attorneys make use of both the Federal and New Hampshire’s Constitution

August 13th, 2014

Posted By

Theodore Lothstein

Which protects us more – the New Hampshire Constitution, or the Federal Constitution? Both Constitutions go back to the founding days of our nation. The NH Constitution came first, ratified in 1784. The Bill of Rights to the United States… Read More

Categories: Appeals, Criminal Defense, NH State Constitution, War on Drugs Winds Down

FBI distributes child pornography to ensnare website visitors

May 30th, 2013

Can it be true that our own government is now in the business of selling child porn on the web? Most people would not be surprised to learn that the FBI, with judicial authorization, can seize and shut down a child pornography website. After all, c… Read More

Categories: Criminal Defense, NH State Constitution

NH Supreme Court - Narrows Scope of Exclusionary Rule

September 18th, 2012

04/22/2008. Court Narrows Scope of the Exclusionary Rule. State v. Joseph Panarello, No. 2007-554 (2008). This decision resolves a classic conundrum regarding the scope of the exclusionary rule. When the police violate someone’s constitutional… Read More

Categories: NH State Constitution

Recent Blog Posts

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

May

State Police Announce Memorial Day "Saturation Patrols"

May 26th, 2019

Beware to those enjoying cookouts and BBQs in the Concord area this weekend! ‘Saturation Patrols’ The State Police announced five extra shifts for DUI Hunters this weekend, something they call “saturation patrols.” Sounds li… Read More

Recent Case Results

DWI Dropped

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

Successful Plea for Negligent Operation, Avoiding DWI and License Suspension

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

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