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

New Jersey Sexual Assault Laws and Penalties

New Jersey Sexual Assault Laws and Penalties

Sexual assault refers to an attack on someone in a sexual way or manner. Legally, the exact definition of sexual assault can vary on a per state basis. Some states simply define sexual conduct without consent as rape, sexual battery, criminal sexual contact, or criminal sexual penetration. Other states may simply define sexual assault as… Continue Reading

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

What Is Implied Consent in New Jersey?

New Jersey is an implied consent state. This means that all motorists are required to submit to breath sample tests for chemical analysis, which are use to determine their blood alcohol concentration (BAC). The law requires every driver using the roadways in New Jersey to submit to a chemical breath test when requested, and it also provides powerful incentives to do so. It is against the law in New Jersey to operate a motor vehicle with a BAC of .08 percent or higher, or while impaired by alcohol and/or drugs. Law enforcement officers must have probable cause to arrest for DWI before a motorist can be compelled to take a breath test.

If you or a loved one has been arrested for DWI, you should contact an experienced DWI defense lawyer immediately. I am John W. Tumelty, and I have more than 25 years of experience handlingDWI cases in New Jersey.

I am a former state prosecutor with the New Jersey Attorney General’s Office and a former county prosecutor with the Atlantic County Prosecutor’s Office. I am a New Jersey Supreme Court-certified criminal trial attorney. As a former prosecutor, I know how a prosecutor prepares and presents evidence in a DWI case. I also know how to challenge the state’s evidence.

I file the necessary motions to challenge the admissibility of the state’s evidence. This includes challenging the initial car stop, the field sobriety tests, probable cause for the arrest, and every step in the administration of the Alcotest (breath tests), along with the validity of the results of the tests.

Contact my Atlantic City area law firm today to discuss your case or to schedule a free initial consultation. New Jersey DUI laws are tough. Do not fight them alone. I can fight for your best possible result while working to protect your driving privileges.

Principles of the Implied Consent Law and Your Defense

Police officers and state troopers must first establish probable cause to arrest anyone suspected of DWI. Once they have detained a person in their custody and taken him or her to the police station, they must read the person his or her Miranda rights and an 11-paragraph standard statement informing him or her of the New Jersey implied consent statute.

If the statement is not read properly or fully, a person in custody might refuse to submit to the Alcotest. Breath test refusal, however, results in an additional charge to the defendant. If I can establish that the legal statement was not read properly, I can challenge such a charge.

Several other factors weigh into a well-prepared DWI defense case. You should always consult a knowledgeable lawyer if you have been charged with any serious traffic offense like DWI.

Contact The Law Offices of John W. Tumelty

As your defense attorney, I will work aggressively to challenge the state’s evidence and advance every possible defense to help you avoid the loss of your license. Call me today at 609-390-4600 to discuss your case or to schedule a free initial consultation. Call 609-390-4600, 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.