Vehicular Manslaughter and Vehicular Negligent Homicide — Convictions Reversed

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 Appeal
Read the Court’s Decision Overturning the Conviction. State v. Joshua Lamy (2009).
Read Coverage of this Victory in the Concord Monitor

Recent Blog Posts

Sep

30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

September 12th, 2019

The Court Ruling The 6th Circuit Court of Appeals ruled this week that a sentencing judge gave too lenient a sentence – 30 days in jail – to the man who assaulted the world’s most famous libertarian, Senator Rand Paul. Senator Paul&… Read More

Sep

State Police Roadblock coming to Bedford this week

September 5th, 2019

DWI ROADBLOCK COMING According to patch.com, the New Hampshire State Police, Troop B have announced they will run a roadblock “DWI checkpoint”) in the Bedford area this week. Usually, “this week” means Friday or Saturday eveni… Read More

May

State Police Announce Memorial Day "Saturation Patrols"

May 26th, 2019

Beware to those enjoying cookouts and BBQs in the Concord area this weekend! ‘Saturation Patrols’ The State Police announced five extra shifts for DUI Hunters this weekend, something they call “saturation patrols.” Sounds li… Read More

Recent Case Results

Client Offered Community Service Instead of Conviction, Jail and Driver's License Revocation

Manchester District Court. Client faced a class A misdemeanor charge of Driving after License Suspended for DWI Conviction. Client’s license had been revoked just two months prior for a DWI conviction, causing him to face this charge that carries a mandatory jail sentence and a mandatory one year license revocation upon conviction. Attorney Lothstein persuaded the prosecutor to give Client a “deferred prosecution” – an opportunity to do community service and thereby avoid conviction, jail and license revocation. Read More

Client Follows Lothstein's Advice, Gets Reduced DWI Charge

In Manchester District Court, Client faced a DWI-2d charge. Conviction would have meant up to mandatory jail time. On the day of trial, after hours of waiting, and after Client followed Attorney Lothstein’s advice during those hours to refuse repeated offers to plead guilty to DWI-Second Offense, the prosecution finally agreed to drop that charge and allow Client to plead guilty to a DWI-1st offense, a lesser charge that carries no jail time. Read More

DWI-Second Offense Negotiated Down to DWI-First Offense — No License Loss, No Jail Time

Client faces DWI-2d offense in Goffstown Circuit Court, with blood alcohol level over the aggravated DWI limit (0.16). Attorney Lothstein negotiates plea to DWI-1st offense, Client is saved from mandatory jail, mandatory 3 year license loss, mandatory ignition interlock. Read More

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Vehicular Manslaughter and Vehicular Negligent Homicide — Convictions Reversed

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