» Ted Lothstein

Client Found Not Guilty of DWI at Trial

The State charged Client with DWI; the officer testified after he pulled Client over, he smelled of alcohol, and was stumbling, slurring, and nearly passing out. Ted Lothstein persuaded the jury that Client’s symptoms were the result of a hypoglycemic reaction related to Client’s type-2 diabetes. The jury found Client not guilty. Read More

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

Mistakes by Breath Test Operator — DWI Charge Reduced to Reckless Driving

Victory in Franklin District Court. The Sanbornton Police charged Client with DWI, and sought to introduce evidence of a breath test significantly over the legal limit. First, Client won his ALS hearing and avoided a 6 month administrative suspension. Then, on the 2nd day of the DWI trial, Attorney Lothstein’s cross-examination of the breath test operator exposed mistakes that left the admissibility of the breath test result in doubt. At that juncture, the prosecution agreed to settle the case by dismissing the DWI charge and allowing Client to plead to reckless driving, a motor vehicle infraction. Another hard-fought victory! Read More

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. Read More

Client Acquitted of Assault Based on Self-Defense Argument

Merrimack County Superior Court. The State charged Client with first degree assault based on a stabbing that occurred outside a restaurant/bar in Concord. Ted Lothstein argued that Client acted in self-defense, protecting himself from a drunken thug. The jury acquitted Client. Read More

Sexual Assault Charge Dropped

Strafford County Superior Court. The State charged Client with aggravated felonious sexual assault in the Strafford County Superior Court. The County Attorney gloated to the jury in his opening statement that this was the only adult rape case he could remember where there was a third-party eyewitness — another woman who claimed to have walked in on Client violently sexually assaulting his girlfriend. Ted Lothstein, through discovery proceedings, gained access to mental health records casting doubt on the eyewitness’s credibility, and used them during cross-examination of this supposedly-neutral eyewitness. At trial, even with both women testifying against Client, a divided jury could not reach a verdict, and the State later dropped the charge. Read More

Jury Acquits of Burglary Charge

Carroll County Superior Court. A Client on parole for a hotel burglary was charged with a hotel burglary. Ted Lothstein, during a deposition of a police chief, uncovered damaging information about the eyewitness’s credibility that had never been disclosed by the prosecution. The jury returned with an acquittal after just fifteen minutes deliberation. Upon finishing his sentences, Client now lives happily on Cape Cod with his family … and sends Lothstein a holiday card every year! Read More

Our Client's Marijuana Possession Case Dismissed — Co-Defendant with a Different Lawyer is Convicted!

Two friends, caught in a car smoking marijuana by police officers, face same charge: marijuana possession. Co-defendant, represented by another lawyer, files no motions, pleads guilty, and now has a criminal conviction on his record. Our Client, represented by Ted Lothstein, files a motion to suppress claiming the police violated his constitutional rights by searching the car without a warrant. After a hearing in Manchester District Court, and after Attorney Lothstein cross-examines the arresting officer, Judge Champagne grants the motion to suppress – case dismissed! Read More

Operating After Certification as Habitual Offender Charge Reduced to a Misdemeanor

Hillsborough Superior Court (North). Client faced a felony charge of Operating After Certification as an Habitual Offender, which carries a mandatory minimum one year jail sentence. Ted Lothstein, at the final pretrial, persuaded the prosecution to agree to drop the felony charge, and allow Client to plead guilty to a misdemeanor charge carrying far less jail time. Read More

Conspiracy to Commit Burglary Reduced to Misdemeanor Criminal Trespass — No Jail Time

Hillsborough Superior Court (North). Client faced charges of conspiracy to commit burglary, and burglary of a residential home, in a case where one of the co-conspirators directed her actions by telephone from his home – the New Hampshire State Prison. Represented by Ted Lothstein, Client secured an agreement where she was allowed to plead guilty only to misdemeanors alleging criminal trespass, and she served no jail time. She avoided the stigma and collateral consequences – including lifetime gun ownership prohibition – of becoming a convicted felon. Read More