John W. Tumelty DWI Defense Success Stories:

“Not Guilty” Verdicts or Dismissal of Charges

1. STATE v. K.M. (Case #5061805) – “NOT GUILTY” VERDICT IN NEW JERSEY DWI TRIAL.
Mr. Tumelty’s client was looking at very serious penalties for a second offense DWI in Buena Vista Township, NJ. Mr. Tumelty was able to get the Alcotest reading suppressed and secure a “not guilty” verdict for the client.

2. STATE v. P.A. (Case #3001281) – “NOT GUILTY” VERDICT SECURED IN DWI TRIAL.
Mr. Tumelty’s client was charged with a DWI stemming from a one-car accident in Upper Township, NJ. After the accident, police administered a blood test that registered a reading of .14 percent blood alcohol content (BAC). Mr. Tumelty was able to get the BAC reading suppressed. As a result, the client was found “not guilty” of driving while intoxicated.

3. STATE v. B.A. (Case #119078) – NEW JERSEY DWI TRIAL – “NOT GUILTY” VERDICT.
Mr. Tumelty’s client was charged with a second offense DWI after being found sitting in the driver’s seat of a parked vehicle in Somers Point, NJ. Since the client was not actually driving the car at the time of the arrest, Mr. Tumelty successfully challenged the “operation” element of the charge. Thanks to Mr. Tumelty’s strong legal arguments, the client was found “not guilty” of driving while intoxicated.

4. STATE v. M.W. (Case #095044) – NJ DWI CHARGE DOWNGRADED TO RECKLESS DRIVING.
Mr. Tumelty represented a client who had been charged with driving while intoxicated in Galloway Township, NJ. Mr. Tumelty negotiated with the prosecutor and got the DWI charges downgraded to a reckless driving charge. As a result, the client avoided a drunk driving conviction on his record.

5. STATE v. COPE – NEW JERSEY DUI CHARGES DOWNGRADED TO RECKLESS DRIVING.
Mr. Tumelty’s client had been charged with a DUI based on being under the influence of drugs in Longport, NJ. The client’s blood test did reveal the presence of THC. However, Mr. Tumelty was able to challenge the results of the blood test. Thanks to Mr. Tumelty’s efforts, the DUI charges were ultimately downgraded to reckless driving.

6. STATE v. KANE – ALCOTEST READINGS THROWN OUT IN NEW JERSEY DWI CASE.
Mr. Tumelty’s client has been charged with a DWI in Cape May County after registering an extremely high blood alcohol content (BAC) reading on an Alcotest. Mr. Tumelty was able to get the Alcotest reading suppressed, resulting in lowered charges. Thanks to Mr. Tumelty’s efforts, the client avoided first-tier penalties and only lost his driver’s license for 90 days.

7. STATE v. FRANCHETTA – “NOT GUILTY” VERDICT BASED ON INSUFFICENT EVIDENCE IN NEW JERSEY DWI TRIAL.
Mr. Tumelty successfully represented a client who had been charged with driving while intoxicated (DWI) in Middle Township, NJ. At trial, Mr. Tumelty cross-examined the arresting officers and argued that the evidence was insufficient to prove that the client was operating the motor vehicle while impaired. At the conclusion of the trial, the client was found “not guilty.”

8. STATE v. FRANCHETTA (SECOND CASE) – “NOT GUILTY” VERDICT SECURED IN NJ DUI TRIAL.
Mr. Tumelty’s client faced DUI drug charges in Wildwood Municipal Court. At trial, the prosecutor introduced a toxicology report to show the presence of drugs in the client’s system. However, Mr. Tumelty successfully argued that the evidence was insufficient to sustain a conviction because the prosecutor failed to produce a drug recognition expert (DRE) to verify the results of the toxicology report.

9. STATE v. KNAUSS – ALCOTEST READINGS SUPPRESSED IN NEW JERSEY DWI CASE.
Mr. Tumelty successfully filed a motion to suppress the results of the Alcotest readings in a Cape May County DWI case. Once the Alcotest readings were suppressed, the client was able to avoid first-tier DWI penalties.

10. STATE v. CINO – ALCOTEST READINGS THROWN OUT IN NJ DWI TRIAL.
Mr. Tumelty got the Alcotest readings in a Cape May County DWI case suppressed. As a result of Mr. Tumelty’s efforts, the client was able to avoid a lengthy driver’s license suspension and did not have to install an ignition interlock device on his motor vehicle.

11. STATE v. D.P. (Case #S234881) – DWI TRIAL – “NOT GUILTY” VERDICT ON DWI CHARGE.
Mr. Tumelty successfully defended his client against DWI charges in Egg Harbor Township, NJ. The client was also found “not guilty” of reckless driving, careless driving, and failure to maintain a lane. On a charge of refusal to take a breath test, the client received minimal first-offender penalties.

12. STATE v. C. O’NEILL (Case #S514259) – REFUSAL TO TAKE A BREATH TEST – “NOT GUILTY” VERDICT.
Mr. Tumelty’s client was charged with DWI, refusal to take a breath test, and reckless driving in Dennis Township, NJ. After a trial in Dennis Township Municipal Court, the client was found “not guilty” of refusal, allowing her to avoid a seven-month driver’s license suspension and a one-year ignition interlock requirement. She was also found “not guilty” of reckless driving. On the DWI charge, she was convicted of a first offense DWI, meaning that she received just a 90-day license suspension but no ignition interlock requirement and no jail time.

13. STATE v. C.R. (Case #S5246586) – “NOT GUILTY” VERDICT IN REFUSAL TRIAL.
Mr. Tumelty’s client was charged with refusal to take a breath test, DWI, reckless driving, and speeding in Egg Harbor, NJ. After a trial in Egg Harbor Township Municipal Court, the client was found “not guilty” of refusal, allowing him to avoid a seven-month driver’s license suspension. The client was also found “not guilty” of both reckless driving and speeding. On the drunk driving charge, the client was convicted of just a first offense DWI, which allowed him to avoid the most significant penalties.

14. STATE v. F.C. (Case #S062230) – NEW JERSEY DWI CHARGES – “NOT GUILTY” VERDICT.
Mr. Tumelty’s client was arrested in Margate City and charged with DWI, careless driving and failure to maintain a lane. As a result of Mr. Tumelty’s strong defense, the client was found “not guilty” of DWI.

15. STATE v. R.S. (Case #116455) – ALCOTEST READINGS THROWN OUT IN DWI CASE.
Mr. Tumelty’s client was charged with a DWI after registering a breath test reading of .19 percent blood alcohol content (BAC). The client was also charged with leaving the scene of an accident. Mr. Tumelty was able to get the Alcotest readings thrown out, which allowed the client to avoid the most severe penalties for a DWI offense. Additionally, Mr. Tumelty was able to get the leaving the scene of an accident charge dismissed.

16. STATE v. N.P. (Case #000395) – ALCOTEST READINGS SUPPRESSED IN NEW JERSEY DWI CASE.
Mr. Tumelty’s client had been charged with a DWI in Egg Harbor Township after registering a breath test reading of .10 percent blood alcohol content (BAC). Mr. Tumelty was able to get the Alcotest reading suppressed in court because the arresting officer failed to observe the defendant for a full 20 minutes before administering the breath test. As a result, the client avoided the most serious penalties for a DWI violation in New Jersey.

17. STATE v. TORRES (Case #212568) – “NOT GUILTY” VERDICT FOR COLLEGE STUDENT ACCUSED OF DWI.
Mr. Tumelty secured an acquittal for a 22-year-old college student who had been charged with driving while intoxicated in Hamilton Township, NJ. Mr. Tumelty successfully challenged both the lab test results and the field sobriety tests in the case. As a result, the client was found “not guilty” of DWI and was able to maintain his driver’s license.

18. STATE v. JOHNSON (041603) – ALCOTEST READING THROWN OUT IN NJ DWI CASE.
Mr. Tumelty represented a client who had been charged with drunk driving after registering an Alcotest breath test reading of .17 percent blood alcohol content (BAC). Due to the high reading, the client was facing suspension of his driver’s license for one year, as well as mandatory installation of ignition interlock devices on all of his vehicles. Mr. Tumelty was able to suppress the results of the Alcotest reading. This allowed the client to avoid the most serious penalties for a DWI conviction.

19. STATE v. M.S. (Case #960544) – THIRD OFFENSE DWI TRIAL – “NOT GUILTY” VERDICT.
Mr. Tumelty’s client was facing third offense DWI charges in Ocean City, NJ. If convicted, the client could have been sentenced to six months in county jail. Additionally, the client’s driver’s license could have been suspended for a period of 10 years. During trial, Mr. Tumelty assailed the arresting officer’s identification of his client as the actual driver of the vehicle. The judge found the client “not guilty” of DWI, which allowed the client to avoid mandatory jail time and keep his driver’s license.

20. STATE v. E.K. (Case #312607) – NEW JERSEY DUI DRUG INTOXICATION TRIAL – “NOT GUILTY” VERDICT.
Mr. Tumelty’s client faced DUI drug charges in Stafford Township, NJ. The prosecution produced a toxicology report showing that the client had cocaine and alprazolam in his urine at the time of the arrest. However, Mr. Tumelty was able to successfully contest the results of the urine test. At the conclusion of the trial, Mr. Tumelty’s client was found “not guilty” of the DUI charges.

21. STATE v. N.P. (Case #000395) – DWI CASE – ALCOTEST READINGS SUPPRESSED.
Mr. Tumelty defended a client who had been charged with a DWI in Egg Harbor Township after registering a breath test reading of .10 percent blood alcohol content (BAC). Mr. Tumelty succeeded in getting the Alcotest readings suppressed because the arresting officer failed to comply with a required 20-minute observation period prior to administering the breath test. As a result, the client avoided the most serious DWI penalties.

22. STATE v. J.M. – (Case #11631) – “NOT GUILTY” VERDICT IN DWI & REFUSAL CASE.
Mr. Tumelty’s client was charged with DWI and refusal to take a breath test in Somers Point, NJ. Mr. Tumelty was able to secure a “not guilty” verdict on both charges by highlighting constitutional deficiencies in the breath test warnings provided by police in the case. Mr. Tumelty also produced medical records and expert reports to prove that the client’s medical condition contributed to his inability to perform field sobriety tests. As a result, the client was found “not guilty” on both the DWI and refusal charges.

23. STATE v. WILLIAMS – “NOT GUILTY” VERDICT IN NEW JERSEY DWI TRIAL.
Mr. Tumelty’s client was charged with a third offense DWI in Galloway Township, NJ. If convicted, the client faced a mandatory six-month jail sentence, as well as a 10-year driver’s license suspension. During trial in Galloway Township Municipal Court, Mr. Tumelty successfully challenged the credibility of police officer witnesses. As a result, the client was found “not guilty” of the DWI charges and avoided jail time.

24. STATE v. ROWELL – “NOT GUILTY” VERDICT IN NJ DRIVING WHILE INTOXICATED TRIAL.
Mr. Tumelty successfully represented a client who had been charged with a third offense DWI in Ocean County. During trial, Mr. Tumelty undermined the credibility of the police officers and successfully raised a motor vehicle operation defense. The court ultimately found the client “not guilty” of the DWI charge.

25. STATE v. D.L. – “NOT GUILTY” VERDICT IN DWI TRIAL AFTER ALCOTEST READINGS SUPPRESSED.
Mr. Tumelty successfully challenged the admissibility of Alcotest readings in a DWI trial in Avalon Municipal Court. Mr. Tumelty argued that the arresting officer lacked probable cause to stop the motor vehicle in the first place. The court granted Mr. Tumelty’s motion to suppress the evidence, which included the Alcotest readings. As a result, the defendant was found “not guilty” of the DWI charge.

26. STATE v. MCAVOY – “NOT GUILTY” VERDICT IN SECOND OFFENSE DWI TRIAL.
Mr. Tumelty defended a client charged with second offense DWI in North Wildwood, NJ. If convicted, the client faced a mandatory county jail sentence and suspension of his driver’s license for two years. During a pretrial hearing in North Wildwood Municipal Court, Mr. Tumelty successfully argued that the Alcotest readings should be excluded. As a result, the court later found the client “not guilty” of the DWI charge.

27. STATE v. E.L. (Case #SP5246338) – “NOT GUILTY” VERDICT IN NJ DWI REFUSAL TRIAL.
Mr. Tumelty successfully defended a client charged with refusal to take a breath test in Egg Harbor Township, NJ. During trial, Mr. Tumelty highlighted procedural mistakes made by the arresting officer. As a result, the client was found “not guilty” on the refusal charge and avoided a lengthy driver’s license suspension. The client was convicted of a DWI, but he incurred minimal penalties because it was a first offense.

28. STATE v. BURST – “NOT GUILTY” VERDICT IN DWI & REFUSAL TRIAL.
Mr. Tumelty represented a client charged with several traffic offenses, including DWI, refusal to take a breath test, and leaving the scene of an accident. Mr. Tumelty filed a motion to suppress the evidence because the state trooper had conducted an illegal search and seizure of the defendant’s vehicle. The court agreed with Mr. Tumelty and suppressed the evidence. At the conclusion of the trial in Upper Township Municipal Court, the client was found “not guilty” of all charges.

29. STATE v. HERAUX – “NOT GUILTY” VERDICT ON NEW JERSEY DWI CHARGE STEMMING FROM MOTOR VEHICLE ACCIDENT.
Mr. Tumelty defended a client who had been charged with a DWI after a motor vehicle accident. Mr. Tumelty successfully challenged the admissibility of the Alcotest readings because of procedural deficiencies in the prosecution’s foundational documents. As a result, the client was found “not guilty” on the DWI charge.

30. STATE v. FREEMAN – CLIENT FOUND “NOT GUILTY” IN DWI TRIAL.
Mr. Tumelty successfully represented a client charged with a DWI in Atlantic City, NJ. Thanks to Mr. Tumelty’s efforts, the client was able to avoid a DWI conviction.

31. STATE v. PRICE –DWI TRIAL – ALCOTEST READINGS THROWN OUT.
Mr. Tumelty successfully represented a client facing DWI charges in Hamilton Township, NJ. Mr. Tumelty filed a pretrial motion to suppress the Alcotest readings in the case because the State failed to provide all necessary discovery materials on the Alcotest machine. The court agreed with Mr. Tumelty and signed an order barring the State from using the Alcotest readings at trial.

32. STATE v. MAHON – JAIL TIME AVOIDED FOR THIRD OFFENSE DWI.
Mr. Tumelty defended a client facing third offense DWI charges in Wildwood Crest Municipal Court. If convicted, the client could have been sentenced to six months in county jail. During trial, Mr. Tumelty successfully challenged the legality of the defendant’s prior DWI conviction. As a result, the court waived the mandatory jail time for the offense.

33. STATE v. HALL – NO JAIL SENTENCE FOR THIRD DWI OFFENSE.
Mr. Tumelty defended a client against third offense DWI charges in Cape May County. Although the charge carried a mandatory six-month jail sentence, Mr. Tumelty was able to challenge the legality of the client’s prior DWI conviction and help the client avoid jail time.

34. STATE v. TITLOW – DUI DRUG CHARGES – “NOT GUILTY” VERDICT.
Mr. Tumelty successfully attacked the evidence against a client facing DUI drug charges in Somers Point, NJ. During trial in Somers Point Municipal Court, Mr. Tumelty challenged the police officer’s opinion that the client was under the influence of drugs at the time of the arrest. As a result, the client was found “not guilty” on the DUI charges.

35. STATE v. O’NEILL – CLIENT AVOIDS CONVICTION IN NEW JERSEY DWI CASE.
Mr. Tumelty helped a client avoid jail time in a drunk driving case in Absecon, NJ. Mr. Tumelty successfully argued that the breath test readings in the case should be suppressed because of mistakes made by the arresting officer. As a result, the client avoided the harsh penalties that typically accompany a DWI conviction.

36. STATE V. CAMACHO – “NOT GUILTY” VERDICT IN DUI DRUG TRIAL.
Mr. Tumelty defended a client charged with driving while under the influence of a central nervous stimulant and marijuana. During a two-day trial in Ocean City Municipal Court, Mr. Tumelty provided an expert witness who wrote a report stating that the evidence of drug intoxication was inconclusive. At the conclusion of the trial, the court rendered a “not guilty” verdict on the DUI charge.

37. STATE v. PRICE – NJ DWI CHARGE DOWNGRADED TO LESSER CHARGE.
Mr. Tumelty successfully defended a client against DWI charges in Wildwood Crest, NJ. During trial, Mr. Tumelty filed a motion to suppress all evidence against the defendant because the arresting officer lacked probable cause to stop the defendant’s vehicle in the first place. Mr. Tumelty’s strategy paid off with a downgraded charge. As a result, the client avoided a conviction for driving while intoxicated.

38. STATE v. DWORSKY – “NOT GUILTY” VERDICT IN DUI DRUG CASE.
Mr. Tumelty successfully represented a client charged with driving under the influence of drugs in Atlantic County. Although the prosecution presented evidence of a lab report showing the presence of heroin in the client’s urine at the time of the arrest, the prosecution failed to produce a drug recognition expert (DRE) to verify that the client was under the influence of heroin at the time of motor vehicle operation. As a result, the client was found “not guilty” and avoided significant DUI penalties.

39. STATE v. GUAGENTI – “NOT GUILTY” OF THIRD OFFENSE DWI.
Mr. Tumelty defended a client against third offense DWI charges in Upper Township, NJ. Mr. Tumelty argued that the evidence against the client was insufficient to prove that he was under the influence of alcohol at the time of motor vehicle operation. Mr. Tumelty also argued that the client’s right to a speedy trial was violated because of a lengthy delay between arrest and trial. Mr. Tumelty’s strategy paid off: the DWI charge was dismissed and the client avoided mandatory jail time.

40. STATE v. JOHNSON – “NOT GUILTY” VERDICT IN DUI DRUG CASE.
Mr. Tumelty successfully defended a client against DUI drug charges in Cape May County. Although the lab report detected Xanax and methadone in the client’s urine sample at the time of arrest, Mr. Tumelty was able to successfully undermine the prosecution’s evidence. The client was ultimately acquitted of the DUI charge.

41. STATE v. HENNING – DWI CHARGE – ALCOTEST READINGS SUPPRESSED IN NEW JERSEY DRUNK DRIVING CASE.
Mr. Tumelty successfully argued for suppression of the Alcotest readings in a Somers Point DWI case. After being arrested, the client registered a .16 percent blood alcohol reading. However, once the Alcotest readings were suppressed, the client was able to avoid the most serious DWI penalties.

42. STATE v. F.C. (Case #S062230) – CLIENT AVOIDS CONVICTION IN DWI CASE.
Mr. Tumelty represented a client charged with DWI, careless driving, and failure to maintain a lane in Margate City, NJ. Thanks to Mr. Tumelty’s vigorous defense, the client avoided the most significant DWI penalties.

43. STATE v. F.M. (Case #039212) – SUPPRESSION OF BREATH TEST RESULTS LEADS TO “NOT GUILTY” VERDICT IN DWI CASE.
Mr. Tumelty defended a client accused of driving while intoxicated in Longport, NJ. Mr. Tumelty successfully argued that the breath test readings should be thrown out. As a result, the client was found “not guilty” on the DWI charges and avoided the mandatory penalties for a DWI conviction in New Jersey.

44. STATE v. I.H. (Case #115680) – CLIENT AVOIDS MANDATORY PENALTIES IN NEW JERSEY DWI CASE.
Mr. Tumelty defended a client who was charged with a DWI in Somers Point, NJ. The client had been found by police inside a vehicle parked outside of a bar. Since the engine was running at the time, the officers placed the client under arrest and charged him with drunk driving. Mr. Tumelty was able to successfully argue that the State had insufficient evidence to prove the operation element of a DWI charge because the client did not have intent to drive the vehicle. Thanks to Mr. Tumelty’s efforts, the client avoided the significant penalties that typically accompany a DWI conviction.

45. STATE v. R.S. (Case #116455) – ALCOTEST READINGS THROWN OUT IN DWI CASE.
Mr. Tumelty represented a client who registered an extremely high breath test reading of .19 percent blood alcohol content (BAC) when stopped by police officers in Somers Point, NJ. The client was charged with DWI and leaving the scene of an accident. Mr. Tumelty successfully argued that the Alcotest readings should be suppressed in court. As a result, the client avoided the most serious DWI penalties. Additionally, the leaving the scene of an accident charge was dismissed.

46. STATE v. A.U. (Case #966297) – NEW JERSEY REFUSAL TO TAKE A BREATH TEST CHARGE – “NOT GUILTY.”
Mr. Tumelty represented a client who was charged with a first offense DWI and refusal to take a breath test in Ocean County. During trial in Ocean County Municipal Court, Mr. Tumelty argued that the client did not knowingly refuse to take the Breathalyzer test because she did not fully understand her legal obligation to take the test. As a result, the client was found “not guilty” of refusal and avoided a mandatory seven-month driver’s license suspension.

47. STATE v. C.O. (Case #D119512) – SERIOUS DWI CHARGE DOWNGRADED TO RECKLESS DRIVING.
Mr. Tumelty successfully challenged the evidence against his client in a DWI case by arguing that Ventnor City police officers lacked probable cause to stop his client’s motor vehicle in the first place. As a result, Mr. Tumelty was able to negotiate a downgrade of his client’s serious DWI charge to a charge of reckless driving.

48. STATE v. J.S. (Case #S3000107) – ALCOTEST READING THROWN OUT.
Mr. Tumelty’s client was arrested for drunk driving on the Atlantic City Expressway. After being stopped by police, the client registered an Alcotest reading of .12 percent blood alcohol content (BAC). Mr. Tumelty successfully argued that the Alcotest results should be suppressed in court. As a result, the client avoided the most serious penalties for a DWI offense.

49. STATE v. M.E. (Case #S245058) – “NOT GUILTY” VERDICT IN NJ DRUNK DRIVING CASE.
Mr. Tumelty represented a client accused of drunk driving and reckless driving in Egg Harbor Township, NJ. During trial, Mr. Tumelty successfully challenged the sufficiency of the State’s evidence against the client. As a result, the client was found “not guilty” on both the DWI charge and the reckless driving charge.