New Hampshire Case Victories

Lebanon Police charge Client with Driving While Intoxicated in the 2d Circuit – District Division – Lebanon Court. Client hires Attorney Lothstein, who secures a plea to Reckless Operation, AND an agreement that Client will only have to serve 4 months of the 6 month ALS suspension (for blowing a breath test over .08). This plea means no criminal record for client, no DWI conviction, no IDCMP, and significantly shortens the statutorily-required license suspension as well! Read More

The New Hampshire Marine Patrol files charges against Client in the 4th Circuit District Division Laconia Court: Boating While Intoxicated, and Improper Lighting, on Lake Winnepesaukee. This is a serious case because the penalties for BWI are the same as the penalties for driving while intoxicated. Indeed, because Client refused a breath test after being arrested for BWI, the NH Dept of Safety suspended his driver’s license for 180 days. Client hires New Hampshire Boating while Intoxicated defense lawyer Theodore Lothstein, and takes the case to trial. After a full trial, the Judge finds Client NOT GUILTY of Boating While Intoxicated. The Judge finds Client guilty only of the boating infraction, Improper Lighting, and orders an $80 fine. Thus, Client’s case concludes with no criminal record, no DWI conviction, no further loss of license, and no costly alcohol education classes. Read More

The Woodstock, NH Police charge Client with Driving under the Influence in the 2d Circuit District Division Plymouth Court, alleging in court that she provided a .16 breath test. Despite having a BAC in the Aggravated DWI range (.16 and higher), Attorney Lothstein secures a plea to DWI-first offense with the minimum penalties under law for a first offense, and as part of the plea agreement, withdraws the 180 day administrative suspension, so Client may restore her driver’s license in as little as 90 days. Read More

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

The Epping Police charge Client in the 10th Circuit District Division Brentwood Court with Driving while Intoxicated. They also seek a 180-day administrative suspension because he refused a breath test. Client hires NH DWI defense attorney Ted Lothstein, and we secure a plea agreement where the State rescinds the administrative suspension (no 180 day suspension), AND the State drops the DWI charge. Client pleads guilty to Reckless Operation, with a 90-day license suspension, a fine, and a requirement that he obtain a LADAC evaluation. Read More

In State v. Stephen Socci, No. 2013-182, a decision released on July 8, 2014, the Court held that police officers and state troopers with the Rockingham County Drug Task Force, Kingston Police Department, and Rockingham County Sheriff Department violated Mr. Socci’s Fourth Amendment right to be free of unreasonable searches and seizures. The officers had marched onto his property without a search warrant, and searched around his garage, finding evidence that he was growing marijuana in the garage. The trial court held that the police did not violate Mr. Socci’s constitutional rights, and upheld the search, causing Mr. Socci to be convicted of two felonies. The Court reversed both felony convictions and remanded for further hearing. Right Vindicated: This case is a huge vindication for the fundamental right of people to be left alone, free of intrusion by the government, on their own property. It’s also Ted Lothstein’s 15th win in the NH Supreme Court! Read the Court’s Opinion in State v. Socci. Read the Appellant brief in State v. Socci. It’s the first brief filed by the Lothstein Guerriero, PLLC firm and our first brief to incorporate color photographs, bringing our firm’s appellate litigation into the 21st century. Read More

The Hillsborough Police charge Client with DWI in the 6th Circuit - District Division - Hillsborough Court. Attorney Lothstein secures a plea to Negligent Operation, a non-criminal motor vehicle infraction, which results in a fine, but no license suspension, as long as Client meets with a counselor for a LADAC evaluation. (If you are reading this entire page, you may notice that this is two DWI cases in the same court on the same day, neither of which ended up in a DWI or a license suspension). Read 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. Read More