Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.390.4600

Former Prosecutor

Now Fighting for You

New Jersey Criminal Defense and DWI attorney
who knows how to navigate the local courts

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

Grand Theft or Petty Theft in NJ: Which Charge Applies?

Grand Theft or Petty Theft in NJ: Which Charge Applies?

Have you been accused of any type of theft allegation in New Jersey? If so, it’s important to realize how the distinction of the crime makes a difference in the type of penalties you might face. The most commonly charged theft crimes in New Jersey are petty theft and grand theft. Grand theft involves crimes… Continue Reading

Felony vs. Misdemeanor Laws in New Jersey

Felony vs. Misdemeanor Laws in New Jersey

No matter the type of crime that you have been accused of, it is imperative to schedule a consultation with a New Jersey criminal defense attorney immediately. The laws that determine whether you’ll be looking at felony or misdemeanor charges depend on the severity of the crime and two general classes outline the different types… Continue Reading

DUI for Marijuana in New Jersey

What to Do When Charged With a Driving Under the Influence of Marijuana

If you are charged with DWI for drugs/marijuana in New Jersey, the prosecuting lawyer will gather and present evidence that you were under the influence of marijuana while operating a motor vehicle. Judges and prosecutors are tough on drug-related crimes, and that trickles down to police officers as well. Prosecutors will use the testimony of a drug recognition expert (DRE) who examined your vital signs and responsiveness to motor skill and vision tests at the police station. They may use the results of a field sobriety test, and they will certainly use the results of blood and/or urine tests.

How Is ‘Under the Influence’ Defined?

Facing all this evidence can be overwhelming and frightening, but driving “under the influence” of any drug is not clearly defined in New Jersey statute. Just like a field sobriety test, much of the evidence against you is subjective. The law states that a person “under the influence” is in a condition that affects his or her judgment or control of a motor vehicle as to make it improper to drive on the highway. The burden of proof is upon the prosecutor to supply evidence that establishes such impairment beyond a reasonable doubt.

In reality, you could be facing DWI penalties for a small amount of THC in your blood and/or urine that may or may not have been impairing you at the time of arrest.

If you were arrested for a marijuana-related DWI in New Jersey, contact me immediately. Expedient and effective representation from an Atlantic City DWI defense attorney can aggressively challenge state’s evidence in your South Jersey case.

What Are the Penalties for Drugged Driving in New Jersey?

Unlike drunk driving, New Jersey implied consent law does not apply to drugged driving arrests. If you were arrested for drugged driving, you are not required to submit to a chemical test that would screen for the presence of drugs in your blood or urine. No penalties apply for test refusal.

If you ARE charged and convicted, penalties are similar to those for drunk driving:

  • First offense:
    • Fine of $300 to $500
    • Detainment of 12 to 48 hours during two consecutive days
    • Imprisonment up to 30 days
    • Driver’s license suspension for seven months to one year
  • Second offense:
    • Fine of $500 to $1,000
    • Community service for up to 30 days
    • Imprisonment from 48 hours to 90 days
    • Driver’s license suspension for two years
  • Third offense:
    • Fine of $1,000
    • Community service for up to 30 days
    • Imprisonment not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served in a drug inpatient rehabilitation program approved by the Intoxicated Driver Resource Center
    • Driver’s license suspension for 10 years
    • Ignition interlock device (IID) installation on all owned, leased or regularly operated vehicles

Drug-Related DUI Attorney in Atlantic City | Challenging State’s Evidence

DWI for marijuana is a charge that is not as common as a drunk driving charge. Expert witnesses who can accurately provide evidence against individuals charged with marijuana-related drugged driving are few in number. Lack of evidence or unavailability of a witness could result in case dismissal or a not-guilty verdict.

Testing problems are numerous. Elevated blood pressure and heart rate are not necessarily evidence of impairment, just as poor balance, coordination or eye tracking are not. Presence of any drug in your blood or urine is far from proof that the drug was affecting you at the time of arrest or vehicle operation. THC is present in your blood and urine for several days following use, and the potency of the marijuana you may have smoked or ingested could cause the levels of THC in your chemical test to vary greatly.

Drugs affect different people in many different ways, many of which do not impair driving ability. I will challenge these tests professionally on your behalf. Additionally, I will challenge probable cause. Paraphernalia, the supposed smell of marijuana, smoke and other signs could be probable cause for a vehicle search, but not for a drugged driving charge.

Contact My South Jersey Office

I will begin working on crafting you a strong defense from day one, prepared to challenge the state’s experts, evidence and law enforcement methods. Call or e-mail my law firm today to discuss your case or schedule a free initial consultation. Call today 609-390-4600.

I can be reached 24 hours a day, seven days a week.

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.