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

Nov

Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

November 18th, 2019

U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More

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

Recent Case Results

State Drops DWI-2d Offense Charge

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

Lothstein Obtains Plea for Reckless Driving, Avoiding DWI for Client

Client charged with DWI in the Portsmouth Circuit Court – Attorney Lothstein secures plea to reckless driving. Read More

DWI Dismissed, Replaced with Reckless Driving

Client, charged in Newport District Court with Underage DWI, possession of marijuana, and Open Container, faced a mandatory one-year license suspension if convicted of DWI. He retained Ted Lothstein, who prepared for trial, and then secured a plea where the DWI was dismissed and replaced with a reckless driving complaint, reducing Client's overall license suspension to 120 days and saving him from the long-term economic hardship and stigma of a DWI conviction. Read More

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