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

How to Protect Your Driver’s License

Saving Your New Jersey Driver’s License

1. DWI cases can be won.

There are many ways to defend a DWI case even if your blood alcohol level is over the legal limit (.08 percent). Breath tests, blood tests and other chemical tests in DWI investigations can be successfully challenged by a skilled New Jersey DWI defense attorney. Your attorney must aggressively attack the field sobriety tests and challenge the breath test readings or blood test results as part of your defense strategy.

2. An experienced New Jersey DWI defense attorney can make a difference.

Hire an experienced defense attorney with a proven track record of fighting and winning DWI cases. John W. Tumelty is well-known for fighting and winning DWI cases.

3. You must file all necessary motions to challenge the state’s evidence.

The best defense in a DWI case is an aggressive and strong offense. All necessary pretrial motions must be filed immediately to preserve your right to challenge the admissibility and reliability of the state’s key evidence, including probable cause for the car stop, probable cause for arrest, field sobriety tests, breath test readings and blood/urine test results.

4. You may need to retain a qualified DWI defense expert to assist in your defense.

As part of an effective DWI defense strategy, you may need to engage a qualified DWI expert witness. A DWI defense expert can be a powerful asset to help win a DWI case. Mr. Tumelty routinely engages experts in field sobriety tests, police procedures, medicine, physiology, breath testing, urine and blood testing. A defense expert report is frequently used as a catalyst to convince a prosecutor to downgrade or dismiss a DWI report.

5. A successful defense strategy will require a skillful challenge to the following evidence:

  1. Probable cause for the initial car stop. You have an absolute right to challenge the legality of the initial car stop. You should immediately file a pretrial motion challenging the validity of the car stop and moving to suppress all evidence that the police obtained as a result of the initial stop.
  2. Probable cause for the DWI arrest. You have the right to challenge the lack of evidence supporting your arrest for suspicion of DWI. Your attorney should file a pretrial motion challenging the legality of the arrest and move to suppress all evidence that the police obtained as a result of the arrest.
  3. The field sobriety tests. Standardized field sobriety tests are commonly used by police officers to determine sobriety and probable cause to arrest for suspicion of DWI. The field sobriety tests are controversial and are subject to intense debate in courts. A number of issues that have nothing to do with alcohol intoxication can make you appear physically impaired. Injuries or other physical disabilities can hinder a driver’s ability to successfully perform field sobriety tests. Sleep deprivation, fatigue, nervousness and anxiety can affect the driver’s performance. Field sobriety tests should not be administered to persons more than 50 pounds overweight and those over 65 years of age. Studies have shown that standard field sobriety tests are not always accurate. All field sobriety tests, even the standardized tests, are highly subjective and can be effectively challenged in court by a skillful New Jersey DWI defense attorney.
  4. Breath test (Alcotest) readings and blood/urine test results. Breath test readings and blood test results can be challenged in several ways. Your attorney should challenge the admissibility and reliability of the breath test (Alcotest) readings as well as any blood/urine test results and file necessary pretrial motions to suppress such evidence. The qualification of the officer who administered the breath test and the protocols he or she implemented during the testing process are always subject to attack on cross-examination. The foundational documents relating to the breath test machine (Alcotest) such as the initial certification reports, inspection reports and recertification reports are also subject to attack on cross-examination. Your attorney should aggressively attack the breath test results and blood test results in a DWI case.

    Blood/urine test results can be challenged in several ways. First, the manner in which the blood was drawn, preserved and transported to a laboratory for analysis should always be challenged. The state must establish a reliable chain of possession for the blood sample to show that it was properly handled at all stages. The accuracy of blood/urine test results can always be challenged along with the technician who drew the blood/urine and tested the specimen.

  5. Evidence in a drug DWI case. DWI prosecutions based on being under the influence of drugs are quite common in New Jersey. A police officer will typically obtain a urine or blood sample during the arrest process. However, the toxicology analysis only addresses the presence or absence of particular drugs in the evidence specimen. The laboratory analysis does not do a qualitative analysis to determine the level of drugs in the specimen. This means the laboratory analysis is insufficient to prove a driver was feeling the physical effect of the drug while driving. The arresting officer may have a drug recognition expert evaluate the individual to determine drug impairment. The results of a drug recognition expert can always be challenged under a skillful cross-examination and with a qualified defense expert.

Contact My New Jersey Office

If you’ve been charged with a DWI and want to protect your license, call me today at 609-390-4600 to discuss your case or to schedule a free initial consultation.

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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.