Atlantic City & Cape May DWI Lawyer
I am John W. Tumelty, a Jersey Shore attorney exclusively devoted to representing clients accused of criminal and DWI/DUI offenses. From my office locations in Cape May County and Atlantic County, I handle cases throughout South Jersey.
Before I became a defense attorney, I served as a New Jersey Deputy Attorney General with the Division of Criminal Justice and a former Assistant Prosecutor with the Atlantic County Prosecutor's Office. I have been practicing criminal law for over 25 years. I have been named a New Jersey certified criminal trial attorney by the New Jersey Supreme Court.
To learn more about my background, experience and qualifications, you can review my full profile:
If you have been charged with DWI, breath test refusal or any other offense in New Jersey, don't hesitate to contact me for a free consultation.
TAKE A LOOK AT MR. TUMELTY'S RECENT TRIAL SUCCESSES:
RECENT DWI CASES
1. STATE v. CAMACHO-DWI DRUG TRIAL-"NOT GUILTY" VERDICT-After a two-day trial in Ocean City Municipal Court, Mr. Tumelty was successful in getting a not guilty verdict on the DWI charge. The DWI charge was based on the State's contention that defendant was under the influence of a central nervous system stimulant and marijuana. The defense had an expert witness who wrote a report stating that the evidence of intoxication was inconclusive. Ms. Camacho was ultimately found not guilty of the DWI charge.
2. STATE V. WILLIAMS-DWI TRIAL "NOT GUILTY" VERDICT. A DWI trial in Galloway Township Municipal Court, Mr. Tumelty represented Ms. Williams charged with a third-ofense DWI ticket. If convicted of a third offense, Ms. Williams faced mandatory six months county jail and a ten year license suspension. Mr. Tumelty successfully challenged the credibility of the police officer witnesses and the court found Ms. Williams "not guilty" of DWI charge.
3. STATE V. TITLOW - DWI DRUG TRIAL-"NOT GUILTY" VERDICT. A DWI trial in Somers Point Municipal Court, the prosecutor attempted to prove that Ms. Titlow was under the influence of drugs while driving. Mr. Tumelty successfully attack the police officer's opinion that she was under the influence. Ms. Titlow was found "not guilty" of DWI.
4. STATE V. ROWELL-DWI TRIAL - "NOT GUILTY" VERDICT. A DWI trial in Ocean City Municipal Court, Mr. Tumelty represented Mr. Rowell charged with a DWI offense and faced third-offender penalities. Mr. Tumelty successfully raised a vehicle operation defense and undermined the police officers credibility. The court found Mr. Rowell "not guilty" of the DWI charge.
5. STATE V. LAGGA-DWI TRIAL-"NOT GUILTY" verdict. A DWI trial in Avalon Municipal Court, Mr. Tumelty challenged the admissibility of the Alcotest readings on a lack of probable cause for the car stop. After a trial, the court ruled the police officer did not have probable cause to stop the vehicle. The court granted the defense motion to suppress the evidence which included the Alcotest readings. The court found Mr. Logga "not guilty" of the DWI charge.
6. STATE V. MCAVOY-DWI TRIAL- "NOT GUILTY" VERDICT. A DWI trial in North Wildwood Municipal Court, Mr. Tumelty represented Mr. McAvoy charged with a DWI offense and faced second-offender penalties of mandatory county jail and a two-year loss of driver's license. Mr. Tumelty succeeded in getting the court to exclude the Alcotest readings during a pretrial hearing. The court found Mr. McAvoy "not guilty" of the DWI charge after a trial.
7. STATE V. BURST-DWI TRIAL- "NOT GUILTY" VERDICT. A DWI trial in Upper Township Municipal Court, Mr. Tumelty represented Mr. Burst charged with several traffic tickets including DWI, Refusal to take a Breath Test, and Leaving the Scene of an Accident. Mr. Tumelty filed a motion to suppress the evidence challenging the state trooper's illegal search and seizure. Ultimately, the court found the search violated Mr. Burst's constitutional rights and found him "not guilty" of the DWI, "not guilty" of refusing to take the Alcotest and "not guilty" of leaving the scene of an accident.
8. STATE V. HERAUX-DWI TRIAL-"NOT GUILTY" VERDICT. Mr. Tumelty represented Mr. Heraux charged with DWI and traffic offenses involving a motor vehicle accident. Mr. Tumelty challenged the admissibility of the Alcotest readings based on procedural deficiencies in the State's foundational documents. This resulted in a "not guilty" verdict on the DWI charge.
9. STATE V. PRICE- DWI TRIAL-"Alcotest Readings Thrown Out". A DWI trial in Hamilton Township Municipal Court, Mr. Tumelty filed a pretrial motion to suppress the Alcotest readings because the State's failed to provide all relevant discovery materials on the Alcotest machine. The court granted the defense motion to suppress the Alcotest readings and the court signed an order barring the State from using the Alcotest readings at trial.
10. STATE V. MAHON-Jail Time Avoided for 3rd DWI Offense- A DWI trial in Wildwood Crest Municipal Court where Mr. Tumelty represented Mr. Mahon who was facing a third-offense DWI and mandatory six months in county jail. Mr. Tumelty challenged the legality of Mr. Mahon's prior DWI conviction which resulted in the court waiving the mandatory jail time. Mr. Mahon did not receive any jail time for a third offense.
11. STATE V. PRICE- DWI CHARGE DOWNGRADED - This was a recent case where the client was charged with DWI in Wildwood Crest. Mr. Tumelty filed a motion to suppress all the evidence contending that the officer did not have probable cause to stop the vehicle or make an arrest for a DWI. Mr. Tumelty's strategy and defense work resulted in the prosecutor downgrading the DWI ticket to a lesser charge. The client was able to avoid a conviction for DWI.
12. STATE v. COPE - DWI CHARGE DOWNGRADED. This was a recent DWI case in Longport (Atlantic County) based on drug intoxication. The lab report revealed THC in the client's blood. Mr. Tumelty was able to get the lab results suppressed and the DWI charge was downgraded to reckless driving. The client avoided a DWI conviction and harsh penalties.
13. STATE V. KANE- DWI Case - "Alcotest Readings Thrown Out". A Cape May County DWI case where the client had a very high blood-alcohol level on the Alcotest. Mr. Tumelty got the Alcotest readings suppressed (thrown out) resulting the client losing his license for only 90-days with first tier penalties.
14. STATE V. FRANCHETTA - DWI Trial - "NOT GUILTY" verdict. A Middle Township DWI trial where the client was found not guilty. Mr. Tumelty cross-examined the police officers and successfully argued that the evidence was insufficient to prove the client was operating his vehicle while impaired.
15. STATE V. FRANCHETTA(SECOND CASE)-DWI TRIAL-"NOT GUILTY" VERDICT. A DWI trial in Wildwood Municipal Court. Client was found not guilty on the DWI charge which was based on drug intoxication. The state introduced a toxicology report showing drugs present in the client's system. However, the state failed to produce a drug recognition expert and Mr. Tumelty successfully argued that the evidence was insufficient to sustain a conviction.
16. STATE V. KNAUSS-DWI CHARGE-"ALCOTEST READINGS THROWN OUT". A Cape May County DWI case where Mr. Tumelty was successful in suppressing the Alcotest readings. With the Alcotest readings suppressed, the client was able to avoid a seven-month license suspension and ignition interlock requirement. The client was only convicted of a 1st tier DWI and received a 90-day license suspension.
17. STATE V. CINO-DWI CHARGE-"ALCOTEST READINGS THROWN OUT". A Cape May County DWI case where Mr. Tumelty was successful in suppressing the Alcotest readings. With the Alcotest readings suppressed, the client avoided a seven-month license suspension and ignition interlock requirement. The client received a 90 day license suspension for a first-tier DWI conviction.
RECENT CRIMINAL CASES
1. STATE V. HENDRICKS- MURDER TRIAL-" NOT GUILTY" VERDICT. This case was a high-profile murder trial in Atlantic County Superior Court. Mr. Tumelty represented Helena Hendricks who was charged with first-degree murder, felony murder, armed robbery, conspiracy and possession of a handgun for an unlawful purpose. The jury trial lasted three weeks and Miss Hendricks was found not guilty of all charges.
2. STATE V. COOPER-MURDER TRIAL-" NOT GUILTY" VERDICT. This case was a high-profile murder trial in Cape May County Superior Court. Mr. Tumelty represented Seth Cooper who was charged with the murder of John Cavicchio. Seth Cooper shot Mr. Cavicchio in the head with one bullet resulting in Mr. Cavicchio's death. The case was about a disagreement between Seth Cooper and a third party over a mutual girlfriend. Mr. Tumelty represented Mr. Cooper during a jury trial and successfully raised the defense of self-defense. The trial lasted four weeks and a jury found Mr. Cooper "not-guilty" of murder and aggravated manslaughter.
3. STATE V. WEYANT-AGGRAVATED SEXUAL ASSAULT & ENDANGERING THE WELFARE OF A CHILD TRIAL-" NOT GUILTY" VERDICT. This was a high-profile aggravated sexual assault on a minor trial in Cape May County Superior Court. Mr. Tumelty successfully represented Daniel Weyant who was charged with tow-counts of aggravated sexual assault, sexual assault, aggravated sexual contact and endangering the welfare of a child. The jury trial lasted 2½ week trial and a jury found Mr. Weyant "not-guilty" of all charges.
4. STATE V. MILLER-DRUG DISTRIBUTION & HANDGUN TRIAL-" NOT GUILTY" VERDICT. This case was an Atlantic County jury trial where Mr. Tumelty represented Marcelles Miller who was charged with possession of cocaine with intent to distribute, unlawful possession of a handgun, and unlawful possession of a handgun with drug distribution activity. Mr. Miller was driving a motor vehicle when the police stopped the car. They searched the car and found a handgun in the front seat and a substantial quantity of cocaine in the console area. This was a one and a half week trial, and Mr. Tumelty successfully argued that the gun and drugs did not belong to Mr. Miller. The jury found Mr. Miller "not guilty" of all drug offenses and "not guilty" of the felony offense known as possession of a firearm while involved in drug distribution.
5. STATE V. SMITH-DRUG DISTRIBUTION TRIAL-" NOT GUILTY" VERDICT. This was an Atlantic County drug distribution trial where Wesley Smith was charged with possession of a substantial quantity of drugs (and cash) with an intent to distribute the drugs. Mr. Tumelty successfully argued to a jury that the police officers misidentified Wesley Smith as the drug dealer involved in the case. The trial lasted one week and the jury found Mr. Smith "not guilty" of all charges.
6. STATE V. STAGGERS-DRUG DISTRIBUTION TRIAL-" NOT GUILTY" VERDICT. This was a Cape May County jury trial where David Staggers was charged with selling drugs to an undercover police officer. Mr. Tumelty represented Mr. Staggers during the trial and successfully argued that his client was not the one who actually sold drugs to an undercover officer. The jury trial lasted one week and the jury found Mr. Staggers "not guilty" of all charges.
7. STATE V. MASEJAK-BRIBERY TRIAL-" NOT GUILTY" VERDICT. This was a high profile Atlantic County case where Mr. Masejak was a high-level casino hotel employee and was accused of selling jobs at the casino hotel. The jury trial lasted one week and Mr. Masejak was found "not guilty" of commercial bribery.
8. STATE V. LINDHOLM-THEFT & CRIMINAL MISCHIEF-"NOT GUILTY" VERDICT. Mr. Lindholm, a local construction contractor, was charged by the Middle Township Police with theft and cirminal mischief. After several days of trial, Mr. Lindholm was found "not guilty" of all charges.
9. STATE V. OLUSEGUN-ASSAULT CHARGE - "NOT GUILTY" VERDICT. An Atlantic City assault charge relating to a fight at the 40/40 Club. Mr. Tumelty's client was a security officer at the 40/40 Club and was involved in an altercation with two patrons who were thrown out. The client was charged with robbery and assault offenses. The robbery charge was dismissed and the client was found not guilty of assault after a trial.
10. STATE V. CONSIGLIO-ASSAULT CHARGE- "NOT GUILTY" VERDICT. This was an Atlantic City simple assault case where the client was charged with assaulting a casino patron. Mr. Tumelty was successful and the client avoided a criminal record.
11. STATE V. KOLIMAGA-DOMESTIC VIOLENCE TRIAL-" NOT GUILTY" VERDICT. This was a Cape May County domestic violence case. Mr. Kolimaga was charged with domestic violence, assault and harassment. Mr. Tumelty defended Mr. Kolimaga and after a trial he was found "not guilty" of domestic violence.
12. STATE V. BLOOM-DOMESTIC VIOLENCE TRIAL-"NOT GUILTY" VERDICT. A Cape May County domestic violence case where the client was charged with domestic violence assault and harassment. Mr. Tumelty assailed the credibility of the State witnesses and the client was found "not guilty" of domestic violence.
13. STATE V. MCINTYRE-DOMESTIC VIOLENCE TRIAL-"NOT GUILTY" VERDICT. This was a Cape May County domestic violence case where the client was charged with domestic violence based on assault and harassment. Mr. Tumelty successfully defended the client at trial and he was found "not guilty" of domestic violence.
14. STATE V. WERTLEY-DOMESTIC VIOLENCE CHARGE- "NOT GUILTY" VERDICT. A Cape May County domestic violence case where client was charged with DV burglary, harassment and assault. The client was found "not guilty" of the domestic violence charges.
15. STATE v. A.G.-PROSTITUTION CHARGE- "NOT GUILTY" VERDICT. An Atlantic City prostitution case where Mr. Tumelty's client was charged with soliciting prostitution. The prostitute was an undercover police officer who engaged in a conversation with the client. Mr. Tumelty was successful in attacking the undercover officer's credibility at trial and the client was found not guilty. The client avoided a criminal record and was able to keep his job as a teacher.
16. STATE V. M.S-PROSTITUTION CHARGE- "NOT GUILTY" VERDICT. An Atlantic City prostitution case where Mr. Tumelty represented a young woman charged with prostitution. Mr. Tumelty was successful in achieving a not guilty verdict based on a lack of evidence.
17. STATE V. VOLPE -"HUNG JURY" VERDICT ON SERIOUS FELONY . This was a serious Atlantic County case where the client and his fiancee' were charged with several counts of aggravated assault on police officers and eluding the police. This was a high-speed chase through the City of Margate. The client was facing 20-years state prison. However, the jury trial lasted four weeks, and the jury was unable to reach a unanimous verdict. The case resulted in a hung jury. The client ended up getting a very lenient plea bargain after the State failed to prove its case at trial.
18. STATE V. SMITH-DRUG CASE- INDICTMENT DISMISSED. This was a felony drug case in Cape May County Superior Court. Mr. Tumelty represented Justin Smith who was charged with felony possession of cocaine. Mr. Tumelty filed a motion to suppress the evidence and argued that the police conducted an illegal search and seizure in securing the evidence. After a full court hearing on the issue, Judge Batten, suppressed (threw out) all evidence based on an unconstitutional search and seizure. The indictment was subsequently dismissed.
19. STATE V. HAAS- INDICTMENT DISMISSED. 124 COUNTS OF HEALTH CARE CLAIMS FRAUD. This was a high profile case in Cape May County Superior Court involving 124 counts of felony Health Care Claims Fraud. Mr. Tumelty represented Barbara Haas who is a registered nurse and employed as a nurse in Dr. Costino's medical practice. Mr. Tumelty filed a motion to dismiss the indictment based upon prosecutorial misconduct. Judge Batten granted the motion and the 124 count indictment was dismissed.
20. STATE V. HAAS- SECOND INDICTMENT DISMISSED. HEALTH CARE CLAIMS FRAUD CHARGES. The case was re-presented to the grand jury and a second indictment was signed against Dr. Costino and Barbara Costino charging Health Care Claims Fraud relating to Dr. Costino's medical practice. Mr. Tumelty filed another motion to dismiss the indictment based on prosecutorial misconduct in the grand jury. On March 22, 2011, the Court granted the defense motion and dismissed the entire indictment. This was the second time Mr. Tumelty was successful in obtaining a dismissal of the indictment.
21. STATE V. CREMINS-INDICTMENT DISMISSED - AGGRAVATED ASSAULT CASE. Daniel Cremins was a police officer with the Cape May County Sheriff's Department and he was indicted for aggravated assault resulting from a bar fight. Mr. Tumelty represented Daniel Cremins and filed a motion to dismiss the indictment based on prosecutorial misconduct and insufficient evidence. The motion was granted and the court dismissed the indictment.
22. STATE V. PFEIFFER-MANUFACTURING FALSE DRIVERS LICENSE CASE - PRE-TRIAL INTERVENTION. This was an Atlantic County case where Mr. Pfeiffer (a college student) was charged with felony manufacturing of fake drivers licenses. Mr. Tumelty was successful in getting the charges dismissed through the pre-trial intervention program. The case resulted in a complete dismissal of all charges and a criminal record was avoided.
23. STATE V. YOUNG-FELONY DRUG CHARGE REDUCED TO DISORDERLY PERSON'S OFFENSE - This was a Cape May County felony possession of cocaine case. The client was charged with possession of cocaine when the police searched his apartment in Ocean City, New Jersey. Mr. Tumelty filed a motion to suppress the evidence (throw out) contending that the police conducted an unlawful search of the client's apartment. As a result of Mr. Tumelty's defense work, the prosecutor downgraded the felony drug charge to a disorderly person's offense. The client was able to avoid a felony record, jail time and probation.
24. STATE v. DIEBERT-DRUG DISTRIBUTION CHARGES DISMISSED. The client was charged with drug distribution and possession charges. A Cape May County judge granted Mr. Tumelty's motion to suppress the evidence and all charges were dismissed. The client avoided a drug conviction.
25. STATE V. KELLY- DRUG CASE - SEA ISLE CITY MARIJUANA CHARGES DISMISSED. This was a recent Sea Isle City Municipal Court case where Mr. Tumelty represented a young man charged with possession of marijuana and drug paraphernalia. Mr. Tumelty filed a motion to suppress evidence challenging the police officers' search of the house and seizure of evidence without a search warrant. After a full court hearing, the court found that the police were not authorized to search the house. The evidence was suppressed and all charges were dismissed.
