Underage DWI Goes Bye-Bye

The Conway Police Department charged Client in the 3d Circuit - District Division - Conway Court with Underage DWI, a criminal offense that carries a mandatory minimum one year license suspension. Attorney Lothstein, co-counsel with a terrific north country attorney named Ed Alkalay (read more here), secures a plea to Reckless Operation. This shortens the license suspension to 8 months (taking into account the ALS) and saves the young Client from having a criminal record!

Recent Blog Posts

Sep

Landmark Racial Profiling Decision from MA Supreme Judicial Court

September 18th, 2020

Yesterday, September 17, 2020, the Massachusetts Supreme Judicial Court (highest court in MA) released a landmark decision that enables victims of racial profiling to hold police officers accountable in court by suppressing evidence obtained as a res… Read More

Aug

End Qualified Immunity and Hold Police Officers Accountable

August 11th, 2020

Are Police Held Accountable for Misconduct? What is the proper role of police in our society? Most people believe that we employ police officers to help the criminal justice system hold people accountable when they break the law. But it feels like ev… Read More

Mar

Ted Lothstein is Chair and Faculty Member for NH Bar's DWI Litigation Seminar

March 11th, 2020

On April 8, 2020, Ted Lothstein will be chairperson and faculty member for the NH Bar’s full day seminar DWI Litigation: Back to Basics. Although marketed as an introductory seminar for both prosecutors and defense lawyers, this CLE will presen… Read More

Recent Case Results

Two Successful Results: Clients Both Avoid Felony DWI Convictions

In Littleton District Court, Client 1 charged with DWI-2d Offense, retains Ted Lothstein’s services. First, we win the ALS hearing on the merits (avoiding a consecutive 2-year license suspension). Then, at the time of trial, we secure a plea to a class B misdemeanor entitled “Reckless Conduct” which is not a motor vehicle offense – DWI-2d dismissed! This overall outcome saves Client 1 from a total five-year license revocation, mandatory jail time, mandatory 7-day residential program, and the mandatory ignition interlock program. Instead Client 1 receives no suspension of his driver’s license whatsoever! ALSO: Client 2 faces charge of felony DWI in Grafton County Superior Court. Attorney Lothstein secures a plea to a misdemeanor DWI offense. Result: Client 2 does not become a convicted felon, avoiding all the long-term stigma and civil disabilities associated with that status. Read More

Negligent Homicide Case Reaches Settlement, Successful Suppression of Evidence

Client was charged in Rockingham County Superior Court with negligent homicide (alcohol impairment) and negligent homicide (excessive speed) for a single-car accident in which she rolled over her Jeep on Route 101 while returning home from a nightclub in Manchester … a tragic accident that killed her passenger and best friend. Ted Lothstein, a DUI lawyer in NH, and co-counsel filed a motion to suppress blood test results that showed Client had an incriminating blood alcohol level, and a motion to suppress a horizontal gaze nystagmus test that the state trooper believed produced evidence of impairment. After hearings, the trial court granted both motions. After much of the evidence had been suppressed, the State agreed to drop the alcohol impairment indictment and the parties reached a negotiated settlement involving consequences far less than the typical outcome of a DWI-fatality case in this State. Read More

Multiple Felony Convictions Vacated

In State v. Charles Glenn, a published opinion decided December 10, 2014, the New Hampshire Supreme Court vacated a number of serious felony convictions arising out of the retrial after a hung jury, because the prosecution did not bring the charges in a timely fashion.In the first jury trial, the State charged Glenn only with first degree murder (acquitted) and second degree murder, which resulted in a hung jury. Before the second jury trial, the State added five more felony charges: Criminal Threatening, Attempted Armed Robbery, Felon in Possession of a Firearm, and two counts Falsification of Physical Evidence. The second jury convicted Glenn on all charges.The Court vacated all of the convictions, except for second degree murder. The Court held that the doctrine of mandatory joinder requires the prosecution to join all charges from the beginning of the prosecution.As you can see from the Court’s opinion, this ruling cut Glenn’s sentence by 10 years. Read the Court’s opinion in State v. Glenn (N.H. Dec. 10, 2014). Read More

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Underage DWI Goes Bye-Bye

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