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Former prosecutor

Now fighting for you.

New Jersey Criminal Defense and DUI attorney
who knows how to navigate the local courts.

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Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

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Stages of a DWI Case

I, John W. Tumelty, will guide you through each stage of your DWI case. I am an Atlantic City DWI defense lawyer with 30 years of experience in New Jersey criminal and traffic law. My background 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 creates advantages for your case inside and outside the courtroom.

Contact me immediately if you or a loved one has been arrested for DWI. I am ready to work diligently on your DWI defense.

Stages of a DWI Case: Arrest to Trial


Police officers attempt to establish probable cause at many points during a traffic stop. Through evaluation of your actions under questioning at your car window and performance of the field sobriety test, probable cause must be established before an officer can arrest you or conduct a breath test.

Interview at the police station:

An officer should read your Miranda rights and the full implied consent law to you while you are in police custody. Police questions will include inquiries about the timing of your drinking, amount consumed, your whereabouts, where you were driving to, etc. You may refuse to answer questions pertaining to alcohol or drug consumption. You have a Fifth Amendment right to remain silent. You must, however, submit to taking the Alcotest, which is a breath test that will measure your blood alcohol concentration (BAC). If you refuse to take the breath test, you will be charged with breath test refusal.

Arraignment, discovery, and trial:

Your arraignment is your first court date, listed on your DWI ticket. Here, you will be told that you have the right to attorney representation, and the judge will explain the charges and potential penalties you face. The judge will ask you to enter a plea of guilty or not guilty as the last order of business at the arraignment. It is advisable that you plead not guilty in order to have the opportunity to defend yourself against the charges and seek attorney representation.

Your second court date will be in four to eight weeks. I can explain the DWI court process and help you understand your options.

Contact My South Jersey Office Today

Call me today at 609-390-4600 to discuss your case or schedule a free initial consultation to go over your charges. I provide thorough case preparation and aggressive challenges to the state’s evidence against you.

Call me now. I can be reached 24 hours a day, seven days a week.

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