Hillsborough District Court Archives - Lothstein Guerriero, PLLC

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

Successful "Rising BAC" Defense Leads to Not Guilty Verdict on DWI Charge

In the 6th Circuit - District Division - Hillsborough Court, Hillsborough, NH Police charge Client with DWI, and introduce evidence at trial of a .11 blood level, approximately two hours after the motor vehicle stop. Attorney Lothstein presents a“rising BAC” defense at trial. It’s a scientific fact that the metabolization of alcohol by the body can take as long as two plus hours after finishing the last drink, so a person may be at a much lower level when driving, as compared to when the police draw a blood sample. The Court holds that the State did not prove impairment at the time of driving beyond a reasonable doubt, and finds Client not guilty! Previously, we prevailed on the ALS so with a .11 blood test, Client receives NO license suspension at all, no fine, no mandated programs, no conviction.This outcome, and many others described on this page, are not typical for a person who has an incriminating blood alcohol test or other compelling evidence for the prosecution. The many cases described on this page show, however, that great outcomes can occur, even in difficult cases, when you retain an experienced, skilled and battle-tested DWI defense attorney. Read More

DWI Dismissed, Plea to Reckless Operation

Client faces driving under influence of marijuana charge in Hillsborough District Court, brought by the Deering, NH Police. Attorney Lothstein secures plea to Reckless Operation – DWI dismissed. Read More

Plea Agreement Means DWI Dismissed

The Bradford, NH Police arrest Client for DWI, and she provides a breath test of .08. Attorney Lothstein obtains a plea agreement in the Hillsborough District Court where the DWI is dismissed, and client pleads guilty to reckless operation, thereby avoiding a criminal record, avoiding a DWI conviction, and avoiding involvement in the costly and burdensome Impaired Driver Care Management Program (“IDCMP”). Read More

Oct

NHSCt tightens up legal standards for Aggravated DWI

October 4th, 2024

NH Tightens Up Legal Standards for Aggravated DWI Definition of Aggravated DUI Most people charged with a first offense DUI face a class B misdemeanor. “Aggravated DUI” means there is a factor that makes it a more serious DUI, a class A m… Read More

Aug

Ted Lothstein presenting lecture at NH Bar Seminar on Post-Conviction Issues

August 8th, 2024

On September 27, 2024, Ted Lothstein will be part of a distinguished faculty presenting a day-long seminar presented by the New Hampshire Bar Association on the topic of Post-Conviction Issues. Ted and co-presenter Emily C. Garod, prosecuting attorne… Read More

May

May 26th, 2024

Lawyer Indicted Federally for Threats on Twitter Springfield, Illinois prosecutor Samuel Cundari, just 30 years old, may find himself enjoying a VERY early retirement from the practice of law in a local minimum security prison if the indictment broug… Read More

Robbery and First Degree Assault — Convictions Reversed

On June 9, 2009, in an appeal briefed by Ted Lothstein, the Court reversed these serious felony convictions because the Manchester Police went into the accused’s home without getting a warrant from a judge. “The search of a home is subject to a particularly stringent warrant requirement because the occupant has a high expectation of privacy. To have it otherwise would be to obliterate one of the most fundamental distinctions between our form of government, where officers are under the law, and the police-state where they are the law.“ Read Ted’s Brief on Appeal Read the Court’s Decision. State v Scott Robinson Read More

Felony Charges Reduced: Client Serves Only 3 Weekends in Jail

Merrimack County Superior Court. Client charged with two felonies: burglary of a commercial building and, while on bail for that charge, possession of marijuana with intent to distribute. Burglary dismissed to allow Client to enter the Merrimack County Adult Diversion Program, felony drug charge reduced to misdemeanor, Client serves 3 weekends in jail. Read More

No DWI, No Criminal Record, and Lowered License Suspension

The State Police charge Client in the 6th Circuit District Division Hooksett Court with Underage DWI, and also bring an ALS for refusing a breath test. After a full hearing, the State wins the ALS hearing, so Client has a 6-month suspension. A DWI conviction would bring about a consecutive one-year suspension for a total suspension of 18 months. On the morning of trial, however, Attorney Lothstein secures a plea to Reckless Driving and Unlawful Possession of Alcohol by a Minor. Result? Client has no DWI, no criminal record, and his license suspension is reduced by 6 months. Read More

Lothstein Guerriero, PLLC

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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

» Hillsborough District Court

Successful Plea for Negligent Operation, Avoiding DWI and License Suspension

Successful "Rising BAC" Defense Leads to Not Guilty Verdict on DWI Charge

DWI Dismissed, Plea to Reckless Operation

Plea Agreement Means DWI Dismissed

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