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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.

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New Jersey increasing DWI checkpoints

New Jersey is intensifying its efforts to catch drunk drivers by increasing DWI road blocks. For example, in a campaign to educate the public on the dangers of drunk driving, Cherry Hill residents will be seeing more DWI checkpoints this summer and fall.

DWI checkpoints, sometimes referred to as DWI roadblocks, are often used by New Jersey police to apprehend people who are driving while intoxicated. The roadblocks are usually set up at times and in places where the police have the best chance to catch people leaving bars and restaurants. The police may stop all vehicles that go through the checkpoints or just some.

Defending against DWI checkpoint arrests

Not all arrests at a DWI checkpoint will stand up in court. In many cases, the police fail to follow the strict requirements for setting up the roadblock. Failing to follow the rules means that those arrested at the checkpoint may get their charges dismissed.

The police are also required to get authorization before setting up a roadblock. The authorization allows the police to set up a roadblock at a specific location and at a precise time. If a person is stopped at a time or place that is different than the authorization allows, the police may lack the probable cause necessary to stop and charge someone with DWI.

Even if the requirements and authorizations were correctly followed, police officers still have to follow the correct rules when administering field sobriety tests and breath tests. Both field sobriety tests and breath tests can be incorrectly administered, making the evidence obtained from those tests inadmissible in court.
An experienced DWI lawyer can investigate whether or not the roadblock was legal and whether the DWI arrest will stand up in court.

Source: Cherry Hill Sun, “Cherry Hill police are cracking down on drunk drivers,” Melissa Dipento, July 13, 2012.


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