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

Dec

Its a crime to Refuse to Hand an Officer Your License on Request

December 5th, 2020

In a November 19, 2020 decision, State v. Shaw, the NH Supreme Court ruled that a driver commits the crime of Disobeying a Police Officer if police officer asks for license and registration, and driver holds up the license to the window but refuses t… Read More

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

Recent Case Results

Two Successful Results: Clients Both Avoid Felony DWI Convictions

In Littleton District Court, Client 1 charged with DWI-2d Offense, retains Ted Lothstein’s services. First, we win the ALS hearing on the merits (avoiding a consecutive 2-year license suspension). Then, at the time of trial, we secure a plea to a class B misdemeanor entitled “Reckless Conduct” which is not a motor vehicle offense – DWI-2d dismissed! This overall outcome saves Client 1 from a total five-year license revocation, mandatory jail time, mandatory 7-day residential program, and the mandatory ignition interlock program. Instead Client 1 receives no suspension of his driver’s license whatsoever! ALSO: Client 2 faces charge of felony DWI in Grafton County Superior Court. Attorney Lothstein secures a plea to a misdemeanor DWI offense. Result: Client 2 does not become a convicted felon, avoiding all the long-term stigma and civil disabilities associated with that status. Read More

Multiple Drug Sale Convictions Overturned

Narcotics Distribution – Sale of Cocaine.Multiple drug sale convictions overturned on appealRight Vindicated: Fair Trial – Requiring Severance (separate trials) of 4 drug salesRead the Court’s Decision Overturning the Conviction. State v. Sean Brown, 156 N.H. 440, 938 A.2d 909 (2007). Read More

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

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