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

Getting Your Probation Reinstated

Getting Your Probation Reinstated

It is important to know what it means to get your probation reinstated. Getting your probation reinstated means that you have violated your probation in some way, to begin with, and you are now looking to stay on probation after receiving your charge rather than going back to jail. A new violation can be issued for… Continue Reading

When Can Lying Be Against the Law?

When Can Lying Be Against the Law?

Yes, lying can actually be against the law. In most scenarios, liars are nothing more than people who avoid problems by not telling the truth, leading other people to simply lose respect for the liar. But in some cases, it can be far worse. There are times when lying can actually be against the law,… Continue Reading

Failure to Report a Crime

Failure to Report a Crime

  In most states, it is legal to simply not report a crime, but there are some exceptions. In some cases, there are states, like Texas, that make it mandatory to report higher offense crimes. Failure to do so could lead to a misdemeanor. In a state like Ohio, it is illegal to not report… Continue Reading

The Alcotest Machine

Taking a Breath Test on Suspicion of Drunk Driving in NJ

If you have been pulled over and arrested on suspicion of drunk driving in New Jersey, the police probably asked you to take a breath test on the Alcotest machine. This machine measures the amount of alcohol in your breath sample, which equates to the level of alcohol in your bloodstream (your blood alcohol content, or BAC).

I am John W. Tumelty, an experienced Atlantic County DWI defense lawyer and former prosecutor representing clients from Atlantic City to Cape May. If you’ve been charged with DUI/DWI based on a breath test result, contact me today for a free consultation.

How Reliable Are Your Breath Test Results?

The Alcotest machine is the breath test unit manufactured by Dräger, the company that previously made the well-known Breathalyzer machine. All New Jersey police departments use the Alcotest to measure the BAC of people suspected of DWI.

The Alcotest machine uses two independent and different measuring systems with the aim of increasing the accuracy of the breath test. An infrared optical sensor and a battery cell sensor quantify BAC. The dual sensor system only senses alcohol and is advertised to be nonsusceptible to any other substances on the breath.

If the police ask you to take the Alcotest, you are required to do so. Otherwise, you can be charged with breath test refusal, which is separate from a DWI charge. But no breath test is foolproof. If any one of the following statements applies to your case, it may be possible to discredit your Alcotest results:

  • The machine has only recently been returned to service after repairs.
  • The machine has not been inspected, tested and calibrated recently enough.
  • The officer who gave you the test has not received the proper training and certification.
  • The officer’s Alcotest certification has expired.
  • A problem exists with the simulator solution.
  • A problem exists with the calibration certificates.
  • The officer did not perform the test properly.
  • You have diabetes or another medical condition that can throw off the test results.
  • Your body temperature was elevated at the time you took the test.
  • You wear dentures or have bridgework or crowns that can trap alcohol.

Every Alcotest device used in New Jersey has a unique serial number that can be used to obtain its full history. Every time I handle a DWI case involving breath test results, I carefully examine the history of the machine and all other factors that may have impacted the results.

Experienced and knowledgeable DWI defense attorney advice is the only way to ensure you are provided with the full defense necessary to protect your rights and your driver’s license.

Contact a Thorough South Jersey DWI Attorney Today

Call me today at 609-390-4600 to discuss your case or schedule a free initial consultation. 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.