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Possession of Drugs with Intent to Sell / Manufacturing Marijuana — Convictions Reversed
In State v. Stephen Socci, No. 2013-182, a decision released on July 8, 2014, the Court held that police officers and state troopers with the Rockingham County Drug Task Force, Kingston Police Department, and Rockingham County Sheriff Department violated Mr. Socci’s Fourth Amendment right to be free of unreasonable searches and seizures. The officers had marched onto his property without a search warrant, and searched around his garage, finding evidence that he was growing marijuana in the garage. The trial court held that the police did not violate Mr. Socci’s constitutional rights, and upheld the search, causing Mr. Socci to be convicted of two felonies. The Court reversed both felony convictions and remanded for further hearing. Right Vindicated: This case is a huge vindication for the fundamental right of people to be left alone, free of intrusion by the government, on their own property. It’s also Ted Lothstein’s 15th win in the NH Supreme Court! Read the Court’s Opinion in State v. Socci. Read the Appellant brief in State v. Socci. It’s the first brief filed by the Lothstein Guerriero, PLLC firm and our first brief to incorporate color photographs, bringing our firm’s appellate litigation into the 21st century.
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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).
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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.
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DWI Charge Dropped, License Suspension Lowered from 9 Months to 60 Days
The New London Police charge Client in the 5th Circuit District Division Newport Court with DWI. Attorney Lothstein secures a plea to Negligent Operation, a non-criminal motor vehicle infraction, with a 30-day court-ordered license suspension, and the State agrees to withdraw the 6 month ALS, after just 30 days is served. Thus, Client receives no DWI and a total suspension of 60 days, in a case where the worst-case scenario was a DWI conviction and a 9 month total suspension.
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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!
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Commercial Driver's License Saved, No DWI
The Canaan, NH Police charge Client in the 2d Circuit - District Division - Lebanon Court with DWI. Client holds a Commercial Driver’s License (CDL) — a conviction would cause Client to lose his CDL for one year, a devastating outcome that would destroy his business. Attorney Lothstein obtains a plea to Reckless Driving with a 90-day suspension, saving Client from a DWI and saving his CDL.
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No DWI, No Criminal Record, and Lowered License Suspension
The State Police charge Client in the 6th Circuit District Division Hooksett Court with Underage DWI, and also bring an ALS for refusing a breath test. After a full hearing, the State wins the ALS hearing, so Client has a 6-month suspension. A DWI conviction would bring about a consecutive one-year suspension for a total suspension of 18 months. On the morning of trial, however, Attorney Lothstein secures a plea to Reckless Driving and Unlawful Possession of Alcohol by a Minor. Result? Client has no DWI, no criminal record, and his license suspension is reduced by 6 months.
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State Withdraws ALS, DWI Dismissed
The Grantham Police charge Client with DWI in the 5th Circuit District Division Newport Court, and she also faces a 6-month administrative suspension (ALS). Attorney Lothstein secures a plea agreement where the State withdraws the ALS, and the DWI is dismissed; instead, Client pleads guilty to Reckless Driving. Thus, no DWI, no criminal record, and the total license suspension is 90 days rather than the 9 months she was facing at the outset of litigation.
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No DWI, Commercial Driver's License Protected
Whitefield, NH Police arrest Client and charge him with DWI in the 1st Circuit District Division Lancaster Court (“Lancaster District Court”). Attorney Lothstein secures a plea to Reckless Operation, saving Client from a DWI conviction, and protecting Client from losing his commercial driver’s license for one year.
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Result Saves Client from Jail and Cuts License Loss
Seabrook, NH Police arrest Client and charge him in the Seabrook District Court with Aggravated DWI, based on a BAC of .19, and also based on the allegation that he drove under the influence with passengers under the age of 16. This client faced mandatory jail time and a mandatory two-year license loss upon conviction. Attorney Lothstein secures plea to a first offense non-aggravated DWI and a non-criminal endangering charge, saving Client from jail and cutting his license loss to just 6 months, a small fraction of the mandatory penalty for the charged offense.
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