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!

Oct

NHSCt tightens up legal standards for Aggravated DWI

October 4th, 2024

NH Tightens Up Legal Standards for Aggravated DWI Definition of Aggravated DUI Most people charged with a first offense DUI face a class B misdemeanor. “Aggravated DUI” means there is a factor that makes it a more serious DUI, a class A m… Read More

Aug

Ted Lothstein presenting lecture at NH Bar Seminar on Post-Conviction Issues

August 8th, 2024

On September 27, 2024, Ted Lothstein will be part of a distinguished faculty presenting a day-long seminar presented by the New Hampshire Bar Association on the topic of Post-Conviction Issues. Ted and co-presenter Emily C. Garod, prosecuting attorne… Read More

May

May 26th, 2024

Lawyer Indicted Federally for Threats on Twitter Springfield, Illinois prosecutor Samuel Cundari, just 30 years old, may find himself enjoying a VERY early retirement from the practice of law in a local minimum security prison if the indictment broug… Read More

Aggravated Felonious Sexual Assault — Convictions Overturned

Aggravated felonious sexual assault (alleged sexual assault of a child) convictions reversed.Right Vindicated: Court reverses convictions based on Attorney Lothstein’s argument that erroneous decision to admit prejudicial prosecution evidence deprived accused of a fair trial.Read Ted’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. Donald Morrill,154 N.H. 547, 914 A.2d 1206 (2006). Read More

Supreme Court Throws Out Evidence Found in Warrantless 'Inventory Search'

In State v. Newcomb, 161 N.H. 666 (2011), an appeal won by Ted Lothstein, the New Hampshire Supreme Court reversed a lower court's order upholding the warrantless search of the locked cargo area of a rented U-Haul truck. The Kensington Police had arrested the U-Haul driver for criminal trespass. Like most police departments, Kensington has a policy allowing so-called 'inventory searches' which are post-arrest searches of vehicles in order to make a list of the driver's personal property in the vehicle. This is supposed to protect the driver from theft by the tow company or other third party that takes custody of the vehicle, and protect the police from false claims of theft. Kensington's policy allowed only searches of "unlocked areas and containers," with two exceptions: a locked glove compartment, and a locked trunk. The lower court had reasoned that the cargo area of a U-Haul truck is the equivalent of the trunk of a passenger vehicle. But the Supreme Court held that the lower court literally 'stretched' the analogy too far -- a trunk is defined as the "luggage compartment of an automobile," while a U-Haul cargo truck is "much larger than the average trunk and is intended to carry significantly more cargo," and unlike any car's trunk that I have ever seen, the U-Haul's cargo area is locked with a padlock. Accordingly, Mr. Newcomb faced only the relatively minor misdemeanor offense, criminal trespass, and was saved from the much more serious charges that arose from the unlawful search of his U-Haul truck. State v. Newcomb, 161 N.H. 666 Read More

Conviction for Issuing Bad Checks Overturned

Right Vindicated: Writing Check on Empty Bank Account is Not Necessarily a Crime.Read Ted’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. John Reed Stewart,154 N.H. 678, 921 A.2d 933 (2007). Read More

Lothstein Guerriero, PLLC

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Phone: (603) 513-1919

Fax: (603) 218-6503

Lothstein Guerriero, PLLC

Chamberlain Block Building

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Keene, NH 03431

Phone: (603) 352-5000

Fax: (603) 218-6503

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

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