Minimum Consequence for DWI Available Under Law

In Plymouth District Court, After unsuccessful ALS hearing that resulted in 6 month license revocation — in a difficult case with a 0.13 breath test — State agreed to vacate that suspension in exchange for Client’s guilty plea to New Hampshire DUI and a minimum 90-day license suspension. Thus, Client blew a breath test well over the legal limit, and was able to have her lawyer conduct a full cross-examination of the arresting officer in an administrative hearing, but still was able to receive the minimum consequence for DWI available under law.

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

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. Read More

Plea Secured for First-Offense DWI, Lowering Penalties

The Woodstock, NH Police charge Client with Driving under the Influence in the 2d Circuit District Division Plymouth Court, alleging in court that she provided a .16 breath test. Despite having a BAC in the Aggravated DWI range (.16 and higher), Attorney Lothstein secures a plea to DWI-first offense with the minimum penalties under law for a first offense, and as part of the plea agreement, withdraws the 180 day administrative suspension, so Client may restore her driver’s license in as little as 90 days. Read More

No DWI, License Suspension Reduced from 5 Years to 60 Days

In Hooksett District Court, Client charged with DWI, 2d Offense. Attorney Lothstein first wins Client’s ALS hearing on the merits, saving him from a 2-year consecutive license suspension. Then, on the eve of trial, Attorney Lothstein, a DUI lawyer in NH, secures plea to Reckless Driving, saving Client from mandatory jail time, a mandatory 7-day alcohol abuse program, mandatory ignition interlock for one year, and a mandatory 3-year license suspension. Before Client hired Attorney Lothstein, he faced a 5 year license suspension. Thanks to this amazing series of victories, he received a total license suspension of 60 days! Read More

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