» Plymouth District Court

Breath Test Evidence Suppressed: DWI Charge Dismissed

State Police arrest Client after he is stopped in a DWI roadblock and blows a breath test over the legal limit. Judge Rappa holds that the investigating officer did not have sufficient suspicion to justify removing driver from the vehicle for field sobriety tests, and grants motion to suppress all evidence that follows, including the breath test. This results in dismissal of the charge. Read More

Plea Secured for First-Offense DWI, Lowering Penalties

The Woodstock, NH Police charge Client with Driving under the Influence in the 2d Circuit District Division Plymouth Court, alleging in court that she provided a .16 breath test. Despite having a BAC in the Aggravated DWI range (.16 and higher), Attorney Lothstein secures a plea to DWI-first offense with the minimum penalties under law for a first offense, and as part of the plea agreement, withdraws the 180 day administrative suspension, so Client may restore her driver’s license in as little as 90 days. Read More

State Drops DWI-2d Offense Charge

The New Hampshire State Police file charges in the 2d Circuit District Division Plymouth Court, for Driving While Intoxicated, 2d Offense, alleging that Client drove under the influence, with a prior DWI within the last 10 years, AND provided a .19 breath test, well over the limit for Aggravated DWI. Attorney Lothstein secures a plea agreement where the State dropped the DWI-2d offense charge, and Client pled guilty to Aggravated DWI, with a 24 month license suspension (a year less than a second offense DWI), and otherwise receiving the minimum penalties under law for that offense. Read More

Successful Finding of No Reasonable Grounds to Arrest for DWI

The State Police charge Client with DWI, 2d Offense in the 2d Circuit - District Division - Plymouth Court. Because Client refused the breath test, Client faces, as a worst case scenario, a 5-year loss of license, mandatory jail time, and mandatory ignition interlock. Represented by Ted Lothstein, Client prevails on the merits in the Administrative License Suspension hearing – finding of no reasonable grounds to arrest for DWI. Then, he secures a plea to two minor traffic violations, and pays a fine. Thus, arrested on a second offense DWI, Client receives no criminal conviction, no license loss whatsoever, and no DWI on his record! Read More

Reckless Driving Plea Prevents DWI Conviction and Criminal Record

Client charged with DWI in Plymouth. Attorney Lothstein’s advocacy wins a plea to reckless driving, saving client from having a criminal record, saving client from having a DWI on his record for 10 years, and reducing the license suspension by 4 months. Read More

Driver Arrested for DWI, Successful Suppression of Evidence on Constitutional Grounds

Client, charged in Plymouth District Court with DWI, was arrested at a Holderness, NH “sobriety checkpoint” (roadblock). At trial, Attorney Lothstein argued that all evidence should be suppressed because a state trooper violated driver’s constitutional rights during the investigation. The Judge agreed, and granted the motion to suppress — case dismissed! Read More

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. Read More