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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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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 used 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 30 years of experience handling DWI 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.

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