DWI Charge Dismissed

The Hanover, NH Police charge Client in the 2d Circuit District Division Lebanon Court with DWI, and Client also receives a 6-month administrative suspension for a breath test over .08. At trial, the DWI charge is dismissed. No DWI conviction, no costly and elaborate court-ordered educational programs, no fine.

Recent Blog Posts

Sep

Landmark Racial Profiling Decision from MA Supreme Judicial Court

September 18th, 2020

Yesterday, September 17, 2020, the Massachusetts Supreme Judicial Court (highest court in MA) released a landmark decision that enables victims of racial profiling to hold police officers accountable in court by suppressing evidence obtained as a res… Read More

Aug

End Qualified Immunity and Hold Police Officers Accountable

August 11th, 2020

Are Police Held Accountable for Misconduct? What is the proper role of police in our society? Most people believe that we employ police officers to help the criminal justice system hold people accountable when they break the law. But it feels like ev… Read More

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

Recent Case Results

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

New Trial, then Dismissal, for Therapist Wrongfully Accused

10/12/2018: In our most recent and perhaps our greatest victory, we won an appeal granting a new trial to a beloved and esteemed therapist wrongfully accused of sexual assault by a client. On October 12, 2018, the New Hampshire Supreme Court upheld a critical victory we had already won in the Superior Court - a victory that freed a therapist from prison who had been wrongfully accused of sexual assault by a client, and cleared his name. The Court held that the Superior Court was right to vacate the jury verdicts and sentences, and grant a new trial, for the therapist because juror bias infected the proceedings, resulting in an unfair trial. On October 17, 2018, the Merrimack County Attorney's Office issued a press release, announcing the State would not bring the case to trial again. Instead, the State dismissed the charges. Read More about Dr. Afshar's Case Read More

Drug Possession Charge Reduced to Misdemeanor: No Jail Time, No Probation

Concord District Court. Client, a college student, charged with felony possession of controlled drug. Prosecution reduces charge to misdemeanor, no jail time, no probation. Read More

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