» Murder/Homicide

Negligent Homicide Case Reaches Settlement, Successful Suppression of Evidence

Client was charged in Rockingham County Superior Court with negligent homicide (alcohol impairment) and negligent homicide (excessive speed) for a single-car accident in which she rolled over her Jeep on Route 101 while returning home from a nightclub in Manchester … a tragic accident that killed her passenger and best friend. Ted Lothstein, a DUI lawyer in NH, and co-counsel filed a motion to suppress blood test results that showed Client had an incriminating blood alcohol level, and a motion to suppress a horizontal gaze nystagmus test that the state trooper believed produced evidence of impairment. After hearings, the trial court granted both motions. After much of the evidence had been suppressed, the State agreed to drop the alcohol impairment indictment and the parties reached a negotiated settlement involving consequences far less than the typical outcome of a DWI-fatality case in this State. Read More

Manslaughter — Conviction Reversed

The defendant — accused of shooting the unarmed victim five times — faced homicide charges for shooting his brother after his brother had gone on a rampage in the family home, destroying property, bullying their mother and threatening to kill not only his family, but any police officers that might try to intervene.The trial judge in Sullivan County Superior Court refused to allow the defendant to claim he acted in self-defense, however, because when he shot his brother five times, his brother was unarmed.The Court reversed the conviction for Manslaughter!Right Vindicated: The right to defend oneself and one’s family with deadly force when terrorized in one’s own home.Read NH appeal attorney Ted Lothstein’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. Ethan Vassar,154 N.H. 370 (2006). Read More