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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.
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Client Charged with Assault Acted in Self Defense
Rockingham County Superior Court. The State charged Client with simple assault based on eyewitnesses, including an off-duty police officer, who swore that during a bar fight, Client walked up to a man already unconscious in the gutter and brutally stomped on the man’s head. Ted Lothstein argued that Client acted in self-defense, and that the eyewitnesses were mistaken. The jury acquitted Client of simple assault and convicted him of the violation-level offense mutual combat, and Client paid a small fine.
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