An experienced and aggressive attorney may make a difference in saving your license on a DWI charge. Attorney John W. Tumelty focuses on DWI defense and represents clients charged with DWI in South Jersey.
Mr. Tumelty has been practicing DWI law and criminal law in South Jersey for over 25 years. Mr. Tumelty is a New Jersey Supreme Court certified criminal trial attorney and former prosecutor. He is a former Deputy Attorney General (State Prosecutor), New Jersey Attorney General's Office- assigned to the Division of Criminal Justice. Mr. Tumelty is also a former Assistant Atlantic County Prosecutor, assigned to the trial unit of the Atlantic County Prosecutor's Office.
Mr. Tumelty has been successfully representing clients charged with DWI in South Jersey for over 16 years. He has been successful in getting breath test results suppressed and winning acquittals in numerous DWI cases. (See, Mr. Tumelty's Recent Successes on www.tumeltylaw.com).
A committed and passionate defense attorney, Mr. Tumelty performs a forensic evaluation of the entire police report package in every DWI case. The goal is to dissect and deconstruct the State's evidence while advancing a strong defense to the DWI charge. Mr. Tumelty's game plan is to aggressively attack and challenge the following nuts and bolts of a DWI case:
1. DID THE POLICE HAVE A RIGHT TO STOP YOUR CAR?
The police are not allowed to stop a car unless there is probable cause for a traffic offense or equipment violation. I look at the facts to determine if the police really had a legitimate basis to stop my client's car. I file a motion to suppress the evidence challenging the police officer's right to stop the vehicle. This may result in the suppression of all DWI evidence obtained as result of the car stop.
2. AM I REQUIRED TO DO FIELD SOBRIETY TESTS?
The police are permitted request that a driver exit the vehicle and perform field sobriety tests if there is suspicion of DWI. The police cannot, however, force a driver to do field sobriety tests. A driver has a right to refuse to perform field sobriety tests.
The field sobriety tests include physical balance tests, an alphabet test, counting backwards and eye tests. The three common tests are walk-and-turn test, one-leg raise test, and alphabet test. The tests are very subjective in nature and tend to be unreliable under certain circumstances. I take aggressive action to challenge the reliability and credibility of the field sobriety tests during cross-examination of the police officer. I am often able to use relevant facts during the field sobriety tests to show that my client's actions were consistent with sobriety.
3. ARE THE POLICE ALLOWED TO ASK QUESTIONS ABOUT ALCOHOL CONSUMPTION?
The police can ask you questions about how much you had to drink, where and when. You do, however, have an absolute right to not answer such questions. In fact, you do not have to answer any questions whatsoever about alcohol consumption. You have a Fifth Amendment constitutional privilege to remain silent.
4. DID THE POLICE HAVE A RIGHT TO ARREST YOU FOR DWI?
The police are not allowed to arrest you for DWI unless there is probable cause to show that you were operating a motor vehicle while under the influence. This means the facts must show that your physical and/or mental state was substantially impaired. I look at the facts to determine if the police really had a legitimate basis to arrest my client for DWI. I file a motion to suppress the evidence challenging the police officer's right to arrest my client for DWI. This may result in a suppression of all DWI evidence.
5. AM I REQUIRED TO TAKE THE ALCOTEST AT THE POLICE STATION?
New Jersey law requires you to submit to a breath test if the police officer had probable cause to arrest for DWI. The police must read a standard statement of law to you prior to requesting a breath test. A refusal to take a breath test (Alcotest) will result in the issuance of a refusal ticket along with a DWI ticket.
6. AN ATTORNEY MAY CHALLENGE THE ADMISSIBILITY AND RELIABILITY OF ALCOTEST RESULTS.
Your attorney must understand how the Alcotest machine actually works and the procedural protocols that the State must follow in every case. For example, each Alcotest machine must be properly inspected, calibrated and certified within six months of your test date. The inspection and calibration documents must be provided to your attorney. The officer giving the test must be a certified Alcotest operator. The officer must follow the procedural protocol for administering this machine.
I aggressively attack and challenge the admissibility and reliability of the breath test in every DWI case. If the breath test readings are deemed unreliable, the Court should suppress (throw out) the actual readings. The State will not be able to prove your blood alcohol level if the Alcotest readings are thrown out.
For an aggressive defense to your DWI, find more information at my DWI website: www.tumeltylaw.com
