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

Refusing a Breath Test During a DWI Traffic Stop

What Happens if You Fail to Provide a Breath Sample

If the police have accused you of refusing to blow into the Alcotest machine during or after a DWI traffic stop, you may end up getting charged with breath test refusal, a traffic offense that can result in license suspension and other serious penalties.

I am John W. Tumelty, an experienced Jersey Shore breath test refusal attorney. If you have been accused of failing to provide a breath sample, don’t hesitate to contact my law firm to discuss how I can help you fight the charges. I represent clients in Atlantic City, Ocean City, Cape May and the surrounding areas.

Understanding New Jersey’s Breath Test Laws

Under New Jersey’s law of implied consent, anyone who drives on a public road of New Jersey has automatically agreed to take a breath test if asked to do so. Breath test refusal (Alcotest refusal) is considered a traffic offense, and you can be convicted of it even if you are not charged with DWI.

Before the police can charge you with breath test refusal, they must have probable cause to arrest you for DWI. They must inform you that you are required to take the test and that failure to do so is an offense with serious penalties.

These penalties include mandatory driver’s license suspension for at least three months for a first offense, two years for a second offense and 10 years for a third offense. You could also be facing fines and other serious penalties if you are convicted of breath test refusal.

Carefully Investigating the Facts of Your Case

While some people say no to the breath test, others try to fool the machine by pretending to blow into it. This can also be the basis for a breath test refusal charge. However, some people have medical conditions that legitimately prevent them for providing adequate breath samples. This may be a good defense to a refusal charge.

Additionally, the traffic stop itself may be challenged if the police officer did not have good reason to pull you over.

If you hire me to defend you against breath test refusal charges, I will fully investigate all defenses you may have.  Call me today at 609-390-4600 to discuss your options for potentially avoiding or reducing the consequences of breath test refusal.

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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.