ted Archives - Lothstein Guerriero, PLLC

CDL Saved, Successful Plea to Negligent Operation

Client faces charge of DWI in Concord District Court brought by the New Hampshire State Police. He blew a .08 breath test, and if convicted of DWI, would lose his Commercial Driver’s License (CDL) for one year. Attorney Lothstein secures plea to Negligent Operation, with a 30-day license loss. CDL saved, DWI dismissed. Read More

Oct

NHSCt tightens up legal standards for Aggravated DWI

October 4th, 2024

NH Tightens Up Legal Standards for Aggravated DWI Definition of Aggravated DUI Most people charged with a first offense DUI face a class B misdemeanor. “Aggravated DUI” means there is a factor that makes it a more serious DUI, a class A m… Read More

Aug

Ted Lothstein presenting lecture at NH Bar Seminar on Post-Conviction Issues

August 8th, 2024

On September 27, 2024, Ted Lothstein will be part of a distinguished faculty presenting a day-long seminar presented by the New Hampshire Bar Association on the topic of Post-Conviction Issues. Ted and co-presenter Emily C. Garod, prosecuting attorne… Read More

May

May 26th, 2024

Lawyer Indicted Federally for Threats on Twitter Springfield, Illinois prosecutor Samuel Cundari, just 30 years old, may find himself enjoying a VERY early retirement from the practice of law in a local minimum security prison if the indictment broug… Read More

No Conviction for Aggravated DWI, No Conviction for Transporting Alcohol

Happy Thanksgiving to our Client, who has something special to be thankful for! Alton, NH Police charge Client in the 4th Circuit - District Division - Laconia Court with Aggravated DWI, and Transporting Alcoholic Beverages, based on allegations that client had a .17 BAC and had open alcohol containers in his vehicle. Attorney Lothstein secures negotiated plea to Reckless Driving — no conviction for Aggravated DWI, no conviction for Transporting Alcohol. Client receives a 60 day loss of license and $620 fine. This plea saves Client from mandatory jail time, a mandatory minimum one year license loss (for Aggravated DWI), mandatory one year ignition interlock, and finally, Client does not have to enroll in any programming or educational courses to restore his license. Read More

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. Read More

Motion to Suppress Traffic Stop Sways Prosecutor

Enfield Police Department stop Client for driving with a seemingly defective headlight, late at night in a neighborhood recently plagued by vandalism. Attorney Lothstein files motion to suppress the stop, and subsequently, prosecutor allows Client to plead guilty to lesser offense, negligent operation. Read More

Lothstein Guerriero, PLLC

5 Green Street

Concord, NH 03301

Phone: (603) 513-1919

Fax: (603) 218-6503

Lothstein Guerriero, PLLC

Chamberlain Block Building

39 Central Sq., Suite 202

Keene, NH 03431

Phone: (603) 352-5000

Fax: (603) 218-6503

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CDL Saved, Successful Plea to Negligent Operation

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