Committee: Ban Roadblocks
A NH House Committee voted 12-8 in favor of recommending passage of a Bill that would ban all so-called “DWI Checkpoints” – also known as DUI Roadblocks — in New Hampshire.
Inefficient and Costly
Overview – Important Federal Circuit Decision
On January 9, 2018, the 1st Circuit issued an important decision for the criminal justice system, and for Eber Rivera, who may have been wrongfully convicted of Armed Assault with Intent to Murder a…
Today, Ted Lothstein will be the chairperson and a lecturer at a seminar presented by the Continuing Legal Education (CLE) Committee of the New Hampshire Bar Association. The program is entitled: “Drunk Driving and Drugged Driving Litigation.…
Hillsborough Superior Court (North). Client faced charges of conspiracy to commit burglary, and burglary of a residential home, in a case where one of the co-conspirators directed her actions by telephone from his home – the New Hampshire State Prison. Represented by Ted Lothstein, Client secured an agreement where she was allowed to plead guilty only to misdemeanors alleging criminal trespass, and she served no jail time. She avoided the stigma and collateral consequences – including lifetime gun ownership prohibition – of becoming a convicted felon.
On April 8, 2009, in a landmark decision, the NH Supreme Court reversed convictions arising out of a tragic automobile accident, because the evidence failed to establish that the victim was born alive.Right Vindicated: Although a very close case, here the prosecution failed to Prove Guilt Beyond a Reasonable Doubt.Read NH appeal attorney Ted Lothstein’s Brief on AppealRead the Court’s Decision Overturning the Conviction. State v. Joshua Lamy (2009).Read Coverage of this Victory in the Concord MonitorRead More
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.