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

Dec

Lothstein's First Degree Assault Jury Trial Results in Nine Not Guilty Verdicts

December 15th, 2018

Earlier on this page, we reported that Ted Lothstein has been in a First Degree Assault jury trial all week in the Hillsborough County Superior Court-South in Nashua, representing Cyrinus Franklin “Frank” Morris. The Nashua Police and Hillsboroug… Read More

Dec

1st Degree Assault Jury Trial in the News

December 14th, 2018

Ted Lothstein’s role defending a Nashua man charged with First Degree Assault in a jury trial this week has been covered twice this week by the Nashua Telegraph. (The defense team, contrary to the article, did not include anybody named “D… Read More

Dec

Our victory profiled in the New Republic magazine

December 5th, 2018

The Victory on Appeal In October, I posted about our victory on appeal in the Afshar case, based on the misconduct of a biased juror. After a therapist was convicted by juror of assaulting a young patient in his office, he hired our firm, we conducte… Read More

Recent Case Results

Successful "Rising BAC" Defense Leads to Not Guilty Verdict on DWI Charge

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. Read More

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

Sexual Assault Charge Reduced to Avoid Mandatory Sex Offender Registration

Littleton District Court. Client faced a charge of class A misdemeanor Sexual Assault. If convicted, he would have to register as a sex offender for 10 years and face other criminal penalties. Attorney Lothstein secured a plea to an alternative charge, Simple Assault, helping Client avoid mandatory sex offender registration. Read More