» Franklin District Court

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

Plea Bargain Saves Client from Mandatory Jail Time and Ignition Interlock

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

Lothstein Negotiates Lower Plea for Client

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