» Hillsborough District Court

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