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

DUI Field Sobriety Tests

How Do Field Sobriety Tests Work in New Jersey?

The field sobriety test can often be the determining factor as to whether a police officer arrests you for DUI/DWI. During the test, the officer may have perceived that you were, in fact, intoxicated and your driving ability was impaired. Then, the officer will give you a breath test simply to confirm his or her suspicion.

The subjectivity, inaccuracy and unreliability of the field sobriety tests have been confirmed by the National Highway Traffic Safety Administration (NHTSA), yet they are still used as tools for determining inhibition by every police department in New Jersey and across the U.S. You do have the right to refuse to perform the field sobriety tests. The officer is not allowed to conduct field sobriety tests without objective evidence of intoxication.

If you or a loved one has been arrested for DWI, contact me immediately. As a former state prosecutor with the New Jersey Attorney General’s Office and former assistant county prosecutor with the Atlantic County Prosecutor’s Office, I am an experienced Atlantic City DWI attorney who can challenge prosecution evidence aggressively.

Field Sobriety Tests Are Not Foolproof

An experienced and thorough defense lawyer will review video and audio recordings from the arrest in detail. These can be critical pieces of evidence that can provide me with the ammunition necessary to reduce if not dismiss the severe penalties you face.

Officers begin looking for signs of intoxication the moment you roll down your window. I begin looking for signs of sobriety when I investigate your case.

The officer is making subjective judgments about your alertness, your ability to answer questions and even your awareness of the location of your auto insurance card and vehicle registration. He or she has been trained to observe signs of intoxication, but sometimes these signs are not obvious.

Upon full evaluation of the video and audio recordings, I can discover errors in procedure in order to challenge the reliability and credibility of the field sobriety tests, which include physical balance tests, an alphabet test, counting backward, an eye test, a walk-and-turn test and a one-leg stand test.

I will prepare your case to challenge the accuracy of these tests as evidence for probable cause during cross-examination of the arresting officer, and I will show all the ways you followed the officer’s instructions, highlighting that your actions were consistent with sobriety.

Contact My South Jersey Office Today

Call me today to discuss your case or to schedule a free initial consultation. Call 609-390-4600.  Telephones answered 24-hours a day, seven days a week.

Free Consultation 24/7

Nights & Weekends

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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.