DWI / DUI / OUI Archives - Page 6 of 10 - Lothstein Guerriero, PLLC

DWI Dismissed, Client's CDL Saved!

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

Client Found Not Guilty After Trial

Hopkinton, NH Police charge Client with DWI. After trial in the Concord District Court, Client is found NOT GUILTY. Read More

Reckless Driving Plea Prevents DWI Conviction and Criminal Record

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

DWI Reduced to Reckless Driving

Client charged with DWI in the Concord District Court – Attorney Lothstein secures plea to reckless driving. Read More

Plea Secured for Reckless Driving, Avoiding DWI

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

Securing Plea to Reckless Driving Means No DWI

Client charged with DWI in the Nashua Circuit Court – Attorney Lothstein secures plea to reckless driving Read More

Lothstein Obtains Plea for Reckless Driving, Avoiding DWI for Client

Client charged with DWI in the Portsmouth Circuit Court – Attorney Lothstein secures plea to reckless driving. Read More

Attorney Lothstein Prevails in Defeating Administrative License Suspension

Client faces 6-month administrative license suspension for blood test over the legal limit – Attorney Lothstein prevails in hearing. No license suspension. Read More

DWI-Second Offense Negotiated Down to DWI-First Offense — No License Loss, No Jail Time

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

DWI Charge Goes to Trial: Not Guilty of DWI

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

Apr

NH Supreme Ct: Marital Privilege protects only testimony, not the actual communications

April 16th, 2025

This morning, one of our firm’s appeals came to an unsuccessful outcome, with the New Hampshire Supreme Court holding that under state law, the marital privilege applies to allow a spouse to refuse to take the witness stand to testify about con… Read More

Apr

Deportation for Driving Under the Influence?

April 7th, 2025

Lawful VISA Holder Student Detained by ICE Turkish graduate student Dogukan Gunaydin, pursuing a master’s degree in business administration at the University of Minnesota, was abducted by ICE agents on his way to class last week and thrown in a… Read More

Dec

Ted Lothstein named 2024 Champion of Justice by NHACDL

December 12th, 2024

Ted Lothstein named 2024 Champion of Justice We are very proud to announce that Ted Lothstein was named the 2024 Champion of Justice by the New Hampshire Association of Criminal Defense Lawyers (NHACDL)! This is a very prestigious award that is given… Read More

Victory on Appeal: Cruelty to Animals Conviction Reversed on Appeal

On March 30, 2023, in State v. Tufano, a case briefed and orally argued by Ted Lothstein, the NH Supreme Court reversed a conviction for cruelty to animals arising out of a very unusual fact pattern. The accused was seen by neighbors in a manufactured home park spraying water into a large plastic bin. Inside the bin, was a Havahart trap. Inside the trap, was a very vocal cat. A neighbor saw this happening, confronted the accused about it, but did nothing. But a few days later, another neighbor told him that the accused had a history of trapping cats, and that she had confronted him about it years prior. The neighbors went to the police and eventually, our client was charged with Cruelty to Animals and brought to trial. The case in the lower court. In the jury trial, Mr. Tufano was skillfully represented by former counsel Stephen Brown of Rochester, NH. But over Attorney Brown's objection, the prosecutor was allowed to introduce evidence that according to the neighbors, the accused had a history of trapping cats, which one witness described as "a history of being hostile towards cats." But the NH Supreme Court reversed, finding that this evidence was precluded under NH Rule of Evidence 404(b), which prevents the introduction of “propensity” or character evidence. This rule says that a prosecutor, or a party in a civil case, cannot introduce evidence that the defendant or opposing party committed a similar crime in the past, and then argue: He did it before, he must have done it again. Rule 404(b) is critical to ensure a fair trial. The prohibition on the use of character evidence to prove a person's propensity to commit crimes or propensity to do bad things is a critical legal principle of equal importance in civil and criminal cases. There are exceptions of course, like a serial killer who commits his murder in a unique manner, such that evidence of his past crimes helps identify him as the perpetrator. The exceptions apply when the evidence is admissible for a purpose other than propensity, such as, in our example, to prove identity. But otherwise, all of us can appreciate the purpose of this rule: We have all made mistakes at some point in our past, but we don't think that our mistakes should define us forever. But more importantly, propensity evidence leads to wrongful convictions, because even if the evidence is thin, the jury may convict out of fear they will let a person "get away with it again." Accused Hired Ted Lothstein and Lothstein Guerriero, PLLC for his Appeal. On appeal, Mr. Tufano hired Ted Lothstein and our firm to represent him before the NH Supreme Court. This is common in our practice: A person will be represented by another lawyer or firm in the trial court, and then we handle the appeal. A new lawyer on appeal can see things from a different perspective. And of course on top of that, we are highly experienced, having handled well over a hundred appeals in State and federal courts. Ted Lothstein prepared the brief, and presented oral argument, which you can listen to here. You can read Attorney Lothstein's brief here: 2022-03-14-Tufano-FINAL BRIEF Victory on Appeal. On March 30, 2023, the New Hampshire Supreme Court issued a published opinion, reversing (overturning) Mr. Tufano's conviction. The court held that the lower court's ruling allowing the prosecution to use propensity evidence to prove guilt was "clearly untenable", even taking into account the substantial discretion allowed to lower courts in making rulings on evidence. The ruling inflicted prejudice, meaning that the unfairly-admitted evidence influenced the jury's decision. And the court rejected the prosecution argument for "harmless error" - the argument that other evidence of guilt was overwhelming. It was not. Our firm has now had at least 78 published decisions in State and Federal appellate courts, and dozens of appellate victories, far more than most law firms in NH. Click here to learn more about our firm's appellate litigation practice. Click here to learn more about Ted Lothstein, who has co-chaired the NH Bar's Appellate Litigation seminar several times in recent years. Read More

Selling Drugs at Plymouth State, No Jail Time

Grafton County Superior Court, N. Haverhill, NH. Client, a student at Plymouth State University, was prosecuted after selling drugs to an undercover officer just off campus. The Grafton County Attorney's Office argued that client should serve 6 months in jail. In May, 2016, Attorney Ted Lothstein successfully argued that that because client had no prior record, had graduated from college, and had secured a good job, the Court should put him on probation rather than sending him to jail. Read More

Commercial Driver's License Saved, No DWI

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

Lothstein Guerriero, PLLC

5 Green Street

Concord, NH 03301

Phone: (603) 513-1919

Fax: (603) 218-6503

Lothstein Guerriero, PLLC

Chamberlain Block Building

39 Central Sq., Suite 202

Keene, NH 03431

Phone: (603) 352-5000

Fax: (603) 218-6503

» DWI / DUI / OUI

DWI Dismissed, Client's CDL Saved!

Client Found Not Guilty After Trial

Reckless Driving Plea Prevents DWI Conviction and Criminal Record

DWI Reduced to Reckless Driving

Plea Secured for Reckless Driving, Avoiding DWI

Securing Plea to Reckless Driving Means No DWI

Lothstein Obtains Plea for Reckless Driving, Avoiding DWI for Client

Attorney Lothstein Prevails in Defeating Administrative License Suspension

DWI-Second Offense Negotiated Down to DWI-First Offense — No License Loss, No Jail Time

DWI Charge Goes to Trial: Not Guilty of DWI

Practice Areas

For More Information

Blog Index

Recent Blog Posts

Recent Case Results

Contact Us

Disclaimer