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

The Critical Importance of Cooperation After Being Stopped

Being pulled over by a police officer on suspicion of drunk driving is an intimidating experience. While you are supposed to be presumed innocent, the police officer is out to make an arrest. To protect your future, it’s important to understand your rights at every step in the process.

It is critical to cooperate with the police officer immediately after being stopped for DWI. Regardless of whether you believe the officer had probable cause to stop you, respectfully producing your driver’s license, insurance card and registration are important.

As an experienced Atlantic City DWI lawyer, I see too many people who could have prevented arrest by sticking to some basic principles of any DWI stop. I am John W. Tumelty. I have more than 30 years of experience 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. My guidance can help you:

  • Stay out of jail
  • Keep your driver’s license
  • Minimize or avoid the consequences of DWI conviction

Contact me immediately if you or a loved one has been arrested for DWI or if you have questions about a DWI stop.

Cooperation, Not Self-Incrimination

When you are stopped by a police officer in any situation, it is your civic duty to cooperate but not incriminate yourself. Knowing what to do after being stopped for DWI is very helpful to your defense and/or prevent arrest in the first place. First, readily produce required legal documents, answer factual questions about your name, your address, the owner of the vehicle, your age and so forth in cooperation with the officer, but do not do the following:

Don’t answer questions with respect to drinking.

The officer may have no reason to suspect you or anyone in your vehicle of being intoxicated beyond profiling you based on age, gender, race, driving record, vehicle make, etc. You are not obligated by law to answer questions relating to your sobriety.

Don’t agree to a field sobriety test.

The police officer must have established probable cause beyond your appearance to request you to perform a field sobriety test. The officer can still ask you to get out of your vehicle, but do not agree to the sobriety test. I can defend your rights and your best interests if the officer believes he or she has probable cause to arrest you.

Here are answers to questions I commonly receive about DWI stops:

  • Should I take the field sobriety test? In New Jersey, there is no law requiring you to do the field sobriety test. Politely refuse and it won’t count against you.
  • Should I take the Breathalyzer test? New Jersey is an implied consent state. This means that if a police officer has probable cause to arrest you for DWI, you are required to take a breath test. If you refuse, you will receive an additional ticket for refusal and a seven months’ driver’s license suspension. The refusal can be used as substantive evidence against you in your DWI case.
  • What should I say if an officer asked me if I had anything to drink? You have an absolute right not to answer. Don’t answer any incriminating questions.
  • How soon will I have to appear in court? From your time of arrest, it will take about six to eight weeks before your final court date.
  • Will I be able to drive before my court date? In New Jersey, you are presumed innocent of drunk driving until you are found guilty in court. You can keep your driver’s license and continue to drive until you are found guilty.
  • When should I hire an attorney? To prepare the strongest possible defense, it’s important to hire an attorney as soon as possible. If you wait too long, it may not be possible to obtain crucial evidence such as witness statements.

If you’ve been charged with a DWI, you need sound legal advice. Contact me today at 609-390-4600 for your free initial consultation regarding your DWI case. I can be reached 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.