Motion to Suppress Traffic Stop Sways Prosecutor

Enfield Police Department stop Client for driving with a seemingly defective headlight, late at night in a neighborhood recently plagued by vandalism. Attorney Lothstein files motion to suppress the stop, and subsequently, prosecutor allows Client to plead guilty to lesser offense, negligent operation.

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

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. Read More

Result Saves Client from Jail and Cuts License Loss

Seabrook, NH Police arrest Client and charge him in the Seabrook District Court with Aggravated DWI, based on a BAC of .19, and also based on the allegation that he drove under the influence with passengers under the age of 16. This client faced mandatory jail time and a mandatory two-year license loss upon conviction. Attorney Lothstein secures plea to a first offense non-aggravated DWI and a non-criminal endangering charge, saving Client from jail and cutting his license loss to just 6 months, a small fraction of the mandatory penalty for the charged offense. Read More

State Drops DWI-2d Offense Charge

The New Hampshire State Police file charges in the 2d Circuit District Division Plymouth Court, for Driving While Intoxicated, 2d Offense, alleging that Client drove under the influence, with a prior DWI within the last 10 years, AND provided a .19 breath test, well over the limit for Aggravated DWI. Attorney Lothstein secures a plea agreement where the State dropped the DWI-2d offense charge, and Client pled guilty to Aggravated DWI, with a 24 month license suspension (a year less than a second offense DWI), and otherwise receiving the minimum penalties under law for that offense. Read More

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