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

Minor in Possession of Alcohol in New Jersey

Minor in Possession of Alcohol in New Jersey

Sales of alcohol to minors as well as public possession of alcohol by minors are enforced by Minor in Possession laws also known as underaged drinking laws. The passage of the National Minimum Drinking Age Act (23 U.S.C.A. § 158) in 1984 required all states to raise the minimum drinking age to 21 years of… Continue Reading

New Jersey Controlled Substance and Drug Possession Laws

New Jersey Controlled Substance and Drug Possession Laws

Certain drugs and other materials that the federal government regulates are categorized as controlled substances. Many times possession or use of these drugs may not be illegal depending on the circumstances such as medical research or obtained through a legal prescription.  Although, if a substance or drug has absolutely no medical benefit, research purpose, or… Continue Reading

Inmate Court Appearances

Inmate Court Appearances

For someone who has already been accused of a crime and is in prison or jail already, you may be curious about appearing in court. It is not always easy for someone who has been convicted or being held in custody to know when they will next have to show up at a court hearing.… Continue Reading

DUI Field Sobriety Tests

How Do Field Sobriety Tests Work in New Jersey?

The field sobriety test can often be the determining factor as to whether a police officer arrests you for DUI/DWI. During the test, the officer may have perceived that you were, in fact, intoxicated and your driving ability was impaired. Then, the officer will give you a breath test simply to confirm his or her suspicion.

The subjectivity, inaccuracy and unreliability of the field sobriety tests have been confirmed by the National Highway Traffic Safety Administration (NHTSA), yet they are still used as tools for determining inhibition by every police department in New Jersey and across the U.S. You do have the right to refuse to perform the field sobriety tests. The officer is not allowed to conduct field sobriety tests without objective evidence of intoxication.

If you or a loved one has been arrested for DWI, contact me immediately. 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, I am an experienced Atlantic City DWI attorney who can challenge prosecution evidence aggressively.

Field Sobriety Tests Are Not Foolproof

An experienced and thorough defense lawyer will review video and audio recordings from the arrest in detail. These can be critical pieces of evidence that can provide me with the ammunition necessary to reduce if not dismiss the severe penalties you face.

Officers begin looking for signs of intoxication the moment you roll down your window. I begin looking for signs of sobriety when I investigate your case.

The officer is making subjective judgments about your alertness, your ability to answer questions and even your awareness of the location of your auto insurance card and vehicle registration. He or she has been trained to observe signs of intoxication, but sometimes these signs are not obvious.

Upon full evaluation of the video and audio recordings, I can discover errors in procedure in order to challenge the reliability and credibility of the field sobriety tests, which include physical balance tests, an alphabet test, counting backward, an eye test, a walk-and-turn test and a one-leg stand test.

I will prepare your case to challenge the accuracy of these tests as evidence for probable cause during cross-examination of the arresting officer, and I will show all the ways you followed the officer’s instructions, highlighting that your actions were consistent with sobriety.

Contact My South Jersey Office Today

Call me today to discuss your case or to schedule a free initial consultation. Call 609-390-4600.  Telephones answered 24-hours a day, seven days a week.

Free Consultation 24/7

Nights & Weekends

Free Consultation

Free Consultation

Office Locations

THE LAW OFFICES OF JOHN W. TUMELTY
539 S Shore Rd
Marmora, NJ 08223
609.390.4600
THE LAW OFFICES OF JOHN W. TUMELTY
3318 Simpson Ave
Ocean City, NJ 08226
609.385.4221
THE LAW OFFICES OF JOHN W. TUMELTY
100 E Rio Grande Ave
Wildwood, NJ 08260
609.277.2786
THE LAW OFFICES OF JOHN W. TUMELTY
822 Shore Rd
Somers Point, NJ 08244
609.277.2786

Areas We Serve

Office Locations

THE LAW OFFICES OF JOHN W. TUMELTY
539 S Shore Rd
Marmora, NJ 08223
609.390.4600
THE LAW OFFICES OF JOHN W. TUMELTY
3318 Simpson Ave
Ocean City, NJ 08226
609.385.4221
THE LAW OFFICES OF JOHN W. TUMELTY
100 E Rio Grande Ave
Wildwood, NJ 08260
609.277.2786
THE LAW OFFICES OF JOHN W. TUMELTY
822 Shore Rd
Somers Point, NJ 08244
609.277.2786

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.