Operating After Certification as Habitual Offender Charge Reduced to a Misdemeanor

Hillsborough Superior Court (North). Client faced a felony charge of Operating After Certification as an Habitual Offender, which carries a mandatory minimum one year jail sentence. Ted Lothstein, at the final pretrial, persuaded the prosecution to agree to drop the felony charge, and allow Client to plead guilty to a misdemeanor charge carrying far less jail time.

Recent Blog Posts

Feb

Mass. Appeals Ct Suppresses Evidence from Pretextual Vehicle Stop

February 25th, 2021

In Commonwealth v. Lek, the Massachusetts Appeals Court issued a major decision earlier this month that curtails the ability of the police to make pretextual stops, find a reason to arrest the driver, and then search his car. Surprise! – Pretex… Read More

Feb

Drug Convictions Reversed due to Trial Judge's Biased Comments

February 4th, 2021

The Case and Ruling In late December, in United States v. Raymundi-Hernandez, the 1st Circuit Court reversed not only Mr. Raymundi-Hernandez’s conviction for narcotics trafficking, but convictions of three other codefendants / alleged coconspir… Read More

Jan

2020- Year in Review for the Criminal Justice System

January 24th, 2021

The January 20, 2021 issue of the New Hampshire Bar News printed excerpts from an article that Kaylee Doty and I wrote, “The Criminal Justice System in 2020 – A Year Like No Other”. You can read the excerpted article in the newspape… Read More

Recent Case Results

Underage DWI Dismissed

In Jaffrey-Peterborough Court, Client was charged with Underage DWI after she blew a .10 — five times the legal limit for a driver under 21 years old. She faced a mandatory one year license suspension. Attorney Lothstein filed a motion to suppress and, on the eve of trial, secured a plea to Negligent Operation and Unlawful Possession of Alcohol with a fine and a 90 day license loss. DWI dismissed! Read More

Aggravated DWI Lowered to Simple DWI

In Lebanon District Court, Client faced a charge of aggravated DWI based on a blood test reading of .35 … over four times the legal limit, and more importantly, twice the aggravated DWI limit of .16. Attorney Lothstein obtained a settlement for Client where he pled guilty to simple DWI, and thereby avoided mandatory jail time, mandatory 7-day residential alcohol program, and a mandatory one year “ignition interlock” requirement. Read More

Client Avoids Stigma of DWI Conviction

Victory in Lebanon District Court: The Lebanon Police prosecuted Client for DWI. Attorney Lothstein prepared a Motion to Suppress, arguing that the police lacked sufficient cause to stop Client’s vehicle. Subsequently, the State agreed to settle the case by dismissing the criminal DWI charge and allowing Client to plead guilty to reckless driving, a motor vehicle violation. Client avoided the stigma and costly collateral consequences of a DWI conviction! Read More

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Operating After Certification as Habitual Offender Charge Reduced to a Misdemeanor

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