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Suppression Motion Saves Client from Mandatory Jail Time and 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

Motion to Suppress Traffic Stop Sways Prosecutor

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

DWI Reduced to Plea to Negligent Operation

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

Breath Test Evidence Suppressed: DWI Charge Dismissed

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

Motion to Suppress Evidence of Vehicle Stop Results in Dismissal of DWI Charge

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

Client Found Not Guilty of DWI at Trial

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

Negligent Homicide Case Reaches Settlement, Successful Suppression of Evidence

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

Mistakes by Breath Test Operator — DWI Charge Reduced to Reckless Driving

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

DWI and Transporting Drugs Both Go Away in Lebanon Circuit Court

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

Underage DWI Goes Bye-Bye

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

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