Drug Possession Charge Reduced to Plea to a Non-Criminal Violation

Lebanon District Court. Enfield Police Department charged Client with Possession of Controlled Drug in a Motor Vehicle (marijuana), a major motor vehicle offense and class B misdemeanor crime. Attorney Lothstein secured plea to possession of controlled drug as a non-criminal violation. Client paid a fine, was saved from having a criminal record, and was spared the mandatory 60 day license loss that comes with a conviction for possession in a motor vehicle.

Recent Blog Posts

Mar

Ted Lothstein is Chair and Faculty Member for NH Bar's DWI Litigation Seminar

March 11th, 2020

On April 8, 2020, Ted Lothstein will be chairperson and faculty member for the NH Bar’s full day seminar DWI Litigation: Back to Basics. Although marketed as an introductory seminar for both prosecutors and defense lawyers, this CLE will presen… Read More

Feb

BakerHostetler Partner Turns His Back on Justice

February 17th, 2020

OK, that’s not exactly what the BakerHostetler partner allegedly did during a deposition. But I choose not to print it here. Let’s just say that when the firm assigns lawyers to conduct depositions in the future, this lawyer may be bringi… Read More

Feb

Cutting Edge Privacy Case Argued before NH's High Court

February 12th, 2020

Today, Ted Lothstein presented oral argument to the New Hampshire Supreme Court in a case that implicates several cutting edge issues, including the scope of a new and potentially far-reaching amendment to the State Constitution that safeguards peopl… Read More

Recent Case Results

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

Plea Agreement Means DWI Dismissed

The Bradford, NH Police arrest Client for DWI, and she provides a breath test of .08. Attorney Lothstein obtains a plea agreement in the Hillsborough District Court where the DWI is dismissed, and client pleads guilty to reckless operation, thereby avoiding a criminal record, avoiding a DWI conviction, and avoiding involvement in the costly and burdensome Impaired Driver Care Management Program (“IDCMP”). Read More

Cutting Edge Litigation on Prosecutorial Misconduct

The prosecutor may not vouch for police officer’s credibility by arguing that if police officers lied, they would lose their jobs. News of this decision was published in the Criminal Law Reporter. State v. William Mussey, 153 N.H. 272, 893 A.2d 701 (2006).Prosecutor may not cross-examine the accused in an unfair and misleading manner by asking if prosecution witnesses lied to the jury. State v. Lopez, 156 N.H. 416, 937 A.2d 905 (2007). Read More

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