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

Got A Protection Order Against You? Here Is What You Need to Know

Having a protection order established by the court by an alleged victim can have significant consequences for the person named in the order. Violating this order could prove problematic for any criminal case as well as any civil cases that could be pending at the same time, such as a contested child custody issue. How… Continue Reading

Arson Charges and Their Associated Degrees

Arson has a number of different types of degrees assessed with the severity of the crime and the facts of the specific circumstance will dictate which type of charge you may be facing. In general, arson refers to the willful, intentional or active burning of a building or other structure. You may also be accused… Continue Reading

New Jersey DWI Laws

Understanding the Basic Principles of Drunk Driving Stops

Every driver in New Jersey should understand a few basic principles about the rights, responsibilities and obligations of drivers in relation to suspected drunk driving stops. Laws vary from state to state, and it helps to know the law before you interact with law enforcement officers in every stage of suspected DWI. Whether a police officer or state trooper is at your car window, administering a field sobriety test, arresting you, questioning you at the police station or making you submit to an Alcotest, you have rights and obligations.

I am John W. Tumelty, an experienced Atlantic City DWI attorney. I am 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 strive to help people become familiar with New Jersey driving laws before they encounter legal trouble, but I also take immediate action to protect the rights of people who have been charged. I help them through the process with care. As your attorney, I will work to aggressively defend your rights and put you in position for your best possible results in the face of DWI charges in the Atlantic City area and throughout South Jersey.

DWI Laws You Should Know in New Jersey

  • BAC: In New Jersey, a blood alcohol content (BAC) level of .08 is the legal limit to operate a motor vehicle. Any BAC at or above that is considered driving while intoxicated. Consequences are harsher if a driver operates a motor vehicle at .1 BAC or higher, or if the driver is under the influence of a narcotic, hallucinogenic or habit-producing drug, which includes some prescription drugs ( DWI for drugs).
  • Zero tolerance: New Jersey enforces a zero tolerance DWI law for underage DWI. Drivers younger than 21 years old may not legally drive with any detectable amount of alcohol in their system.
  • Implied consent: New Jersey enforces an implied consent law. If a law enforcement officer can establish probable cause to arrest a person for DWI, the officer can require a detained person to submit to the Alcotest, which has replaced the Breathalyzer.
  • Breath test refusal: Refusal to take the Alcotest can result in an additional refusal charge on top of the DWI charge. The charge could result in license suspension and other penalties.
  • Miranda rights: Law enforcement officers must read a detained person his or her Miranda rights, informing the accused that he or she has the right to remain silent, that anything said can be used in court and that he or she has the option to have a lawyer present before responding to any questions.

I strongly encourage you to take advantage of your rights and contact me as soon as possible. From the beginning, I can represent your best interests attentively and aggressively to ensure you are protected throughout the legal process.

I challenge all aspects of the state’s evidence resulting from the initial traffic stop to processing a breath test or blood test for blood alcohol content (BAC), including:

  • Probable cause to stop the vehicle
  • Right to conduct a field sobriety test and the test’s accuracy
  • Probable cause to arrest
  • Questioning of client during the traffic stop and at the police station
  • Breath test results (Alcotest machine)
  • Blood test results
  • Drug test results

Please see more information on DWI penalties and consequences.

Contact The Law Offices of John W. Tumelty

I advance every possible defense to avoid a loss of license and minimize all possible consequences. If you’ve been charged with a DWI, call me today at 609-390-4600 to discuss your case or to schedule a free initial consultation.

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.