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Lothstein Negotiates Misdemeanor DWI in Lieu of Felony DWI Despite Incriminating Blood Tests
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.
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Minimum Consequence for DWI Available Under Law
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.
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Withdrawal of DWI and ALS in Exchange for Reckless Driving Plea
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.
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DWI Charges Dropped on Constitutional Violation Grounds
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!
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No BWI, No Administrative Suspension
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!
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Aggravated DWI Lowered to Simple DWI
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.
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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).
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Two Clients, in Two Courts 75 Miles Apart Have DWI Charge Reduced to Reckless Driving
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!
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No Jail Time, No Ignition Interlock Program, 80 Percent Reduction in License Loss
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!
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Client Allowed to Plead on Lower Charge
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.
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