Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.390.4600

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 Years

What to Do If You’re Arrested

If you’re ever accused of a crime, it’s important to do the following: #1: Stay silent. Recognize that it’s your legal right not to answer questions at this time. Police want you to converse and hope you’ll admit the crime. In this scenario, tell the officer you’re invoking the right not to speak and that… Continue Reading

When is Evidence Illegally Obtained?

Several types of evidence fall under the scope of laws pertaining to illegally obtained evidence. Occasionally, evidence that may either greatly harm or help a side in a legal argument is presented. However, the evidence, regardless of relevance, may be inadmissible. That’s because the way in which the evidence was obtained is as important as… Continue Reading

What is a Formal Arraignment?

The court process in the state of New Jersey may not be as simple as it seems on the surface. Though many believe that going to court is a one and done situation, there is a process to it that is more complex than that. Among the many steps involved is what is called a… Continue Reading

Atlantic City DWI/DUI Defense Lawyer

Atlantic and Cape May Counties Drunk Driving Defense Attorney

Have you been charged with drunk driving, DWI, or DUI in Atlantic City or somewhere else in New Jersey? If so, I am a tough and experienced DWI defense lawyer. I am a former New Jersey Deputy Attorney General (state prosecutor) and former Atlantic County Assistant Prosecutor. I am also a New Jersey Supreme Court-Certified Criminal Trial Attorney. My practice is limited exclusively to criminal defense work, which includes DWI defense.

Aggressive Defense Against DWI Charges in New Jersey

In New Jersey, a DWI charge is a traffic offense. The stakes are high. A DWI conviction may necessitate jail time, mandatory loss of license, court fines, insurance surcharges and drunk driving classes. You need a tough and experienced DWI defense attorney to aggressively represent you on this charge.

I can answer your questions and provide you with trusted advice regarding:

  • Alcohol Treatment Following a DWI Arrest – Some alcohol education, assessment and treatment laws require attendance at DUI prevention programs geared toward alcohol education or therapy. Sometimes as part of a suspended sentencing arrangement or condition of probation a judge may order DUI/DWI offenders to attend such programs to teach them about alcohol dependency and the consequences of DUI.
  • Blood & Urine Tests  – The most accurate available test of alcohol or drugs in the body is the blood sample test. But a good defense lawyer may discover problems with the testing on cross-examination, based on the chemistry involved in analyzing the blood. In some cases, blood samples that aren’t properly preserved and sit around a long time before being analyzed will coagulate or decompose, which can lead to a false high reading.
  • Blood Alcohol Content (BAC) – Your BAC, or blood alcohol content, is the percentage of your blood volume that is alcohol. The more you drink, the more your BAC increases. If you need more information regarding a DUI/DWI and BAC, please give me a call to discuss.
  • Boating DWI – When you think of DWI or DUI law, you probably think of people getting pulled over for driving a car, truck, or motorcycle while drunk. But did you know that you could be charged with a DWI when operating a boat? Every state, including right here in New Jersey, has DWI laws that make it illegal to operate a boat while intoxicated. If you have been charged with DWI while operating a boat, you need to take advantage of my free consultation and give me a call.
  • Commercial Driver DWI – If you are a CDL holder, legal representation usually involves the same thorough process as representing any client charged with DUI/DWI. If you have been charged with DWI while operating a commercial vehicle, I want to hear from you.
  • Did the Police Have a Right to Stop My Car? – If you drink and drive, no matter how conservatively, there is always a possibility that you could be stopped, arrested, and convicted of drunk driving. Learn if the police officer who stopped you had the right to stop you via a probable violation.

Many of the above questions or situations are common. I have a complete understanding of New Jersey DUI/DWI law and the potential consequences of each. Here are additional topics that I’d be happy to discuss with you regarding DUI/DWI when you call 609-390-4600.

  • What happens if I’m caught driving while suspended for DWI?
  • What if I’m involved in an injury accident involving DUI?
  • What are the laws regarding DWI driver’s license suspensions?
  • Can I get a DWI for drug use, including marijuana?
  • How serious are fatal DUI accidents?
  • What can I expect with a field sobriety test?
  • What if this DUI is my first offense?
  • Hit-and-run accidents involving DWI
  • What if I’m in the military and get a DWI?
  • Most common defenses with DUI
  • New Jersey DWI laws
  • New Jersey DWI penalties
  • DWI and ignition interlock devices in New Jersey
  • Out-of-state DWI convictions
  • Can I get a DUI with prescription medication?
  • Should I refuse a breath test?
  • Roadblocks & DWI charges
  • Getting a DWI in a school zone
  • My second time getting a DUI in New Jersey
  • I’m not yet 21, what are the consequences of an underage DWI?
  • What constitutes operating a vehicle?
  • What to do after being stopped for DWI

If you find yourself in need of a New Jersey criminal defense attorney after reviewing the above information, or still have questions to determine if you need an experienced DWI attorney, I can be reached at 609-390-4600 and be sure to view my recent DWI and criminal success stories here.

The Alcotest Machine and DUI Cases in NJ

All police departments in New Jersey use the Alcotest machine instead of the old Breathalyzer in all DUI cases.

Unlike the old breathalyzer, the Alcotest machine uses two different techniques to measure the concentration of alcohol: infrared absorption and electrochemical reaction. A breath sample from a suspected drunk driver is forced into a breath sample chamber. The machine calculates the blood alcohol concentration utilizing both methods.

I have a complete understanding of the Alcotest machine and foundation documents that go with it. The Alcotest documents include the inspection and calibration records for the machine, the simulator solution records and updated certification of the operator. If the state cannot prove that the Alcotest machine was properly maintained, inspected and calibrated, the breath test readings may be thrown out.

I will investigate the facts of the case and review the police reports. I will determine if the police had probable cause to stop your vehicle and arrest you for suspicion of DWI. I will file a motion to suppress the evidence challenging the police officer’s right to stop the car and place you under arrest for DWI.

I will meet with you face-to-face in my office and discuss the details of the case. I will investigate the facts and layout a game plan for a successful defense. I am available to answer all your questions throughout the legal process while endeavoring to save your driver’s license.

Let a Former New Jersey Prosecutor Help You

My offices are located in Atlantic County and Cape May County. I have offices in Upper Township, Wildwood, and Somers Point. I am available 24 hours a day and seven days a week.  Call me today at 609-390-4600 for a free initial consultation.

Free Consultation 24/7

Nights & Weekends

Free Consultation

Free Consultation

Atlantic County Offices

JOHN W. TUMELTY
ATTORNEY-AT-LAW
CRIMINAL LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

Cape May County Offices

ATTORNEY JOHN TUMELTY
DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN TUMELTY
DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.