The Victory on Appeal
In October, I posted about our victory on appeal in the Afshar case, based on the misconduct of a biased juror. After a therapist was convicted by juror of assaulting a young patient in his office, he hired our firm, we conducte…
Well, this guy sure earned himself a spot in the 2018 Lawyer Soundbite Hall of Shame.
Bet He Sure Wishes He Could Have That One Back…
Frustrated with his client’s nonpayment of fee, lawyer told his client he wouldn’t work on the wee…
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.
The Decision by the New Hampshire Supreme Court
On October 12, 2018, th…
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.
In the 6th Circuit – District Division – Concord Court, Ted Lothstein represented Client, charged by the State Police with Underage DWI, an offense that carries a mandatory minimum one year license revocation, AND Transportation of Marijuana, which carries an additional 60 day mandatory license revocation. Lothstein secured a plea to Reckless Operation – cutting his license suspension time in half (to 6 months), and avoiding a DWI conviction. The marijuana charge was referred to the FAST program, an alternative disposition program in Concord that allows people charged with first-offense drug possession and other offenses to get their charges dismissed after completing the program. So, Client now has an opportunity to avoid a DWI, and avoid a drug conviction, and avoid having any criminal record.That same day, in the 2d Circuit – District Division – Lebanon Court, Ted Lothstein represented Client, who was similarly charged with both DWI and Possession of Controlled Drug (Marijuana). Lothstein secured a plea toReckless Operation, with a total license suspension of 8 months (including the ALS), with the DWI charge dismissed, AND the drug charge dismissed!
The Lebanon Police charged Client in the 2d Circuit – District Division – Lebanon Court with DWI, which carries an absolute minimum 90 day license suspension, AND transporting marijuana, a major motor vehicle offense that carries a mandatory 60 day license suspension. On the brink of trial, the State accepts a negotiated plea where Client pleads guilty only to possession of marijuana, an offense which is not within the motor vehicle code, and pays a fine. No DWI, No Transporting, No License Suspension Whatsoever!