Recent Successes for DWI Charges

1. STATE v. K.M (Case No. 5061805) – DWI TRIAL-“NOT GUILTY” VERDICT. A Buena Vista Township (Atlantic County) DWI trial on March 28, 2014, where the client was looking at a second-0ffense DWI.  Mr. Tumelty got the Alcotest reading suppressed (thrown out) and the client was found not guilty based on the remaining evidence.
2. STATE v. P.A (Case No. 3001281) – DWI TRIAL – “NOT GUILTY” VERDICT.  An Upper Township DWI trial on March 27, 2014, where the client was found not guilty of DWI. The case involved a one-car accident with a blood alcohol reading of .14%.  Mr. Tumelty got the blood alcohol reading suppressed (thrown out) and the client was found not guilty of DWI.  The client avoided a mandatory loss of license and other fines and penalties that go with a DWI conviction.
3. STATE v. B.A. (Case No. 119078) – DWI TRIAL – “NOT GUILTY” VERDICT. – A Somers Point DWI trial where the client was found not guilty of a second-offense DWI.  The client was found sitting in the driver’s seat of a parked vehicle and was arrested for DWI based on intent to drive.  Mr. Tumelty successfully challenged the operation issue and the client was found not guilty of DWI.
4. STATE v. M.W. (Case No. 095044) – DWI DOWNGRADED TO RECKLESS DRIVING.  A Galloway Township DWI case where Mr. Tumelty got the DWI charge downgraded to a reckless driving.  The client avoided the mandatory fines and penalties for DWI offense.
5. 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.
6. 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 in the client losing his license for only 90-days with first-tier penalties.
7. 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.
8. STATE v. FRANCHETTA (SECOND CASE) – DWI TRIAL-“NOT GUILTY” VERDICT. A DWI trial in Wildwood Municipal Court. The 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.
9. 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 1^st tier DWI and received a 90-day license suspension.
10. 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.
11. STATE v. D.P. (Case S234881) – DWI TRIAL – “NOT GUILTY” VERDICT. An Egg Harbor Township DWI case where Mr. Tumelty was successful in getting his client found not guilty of a DWI offense. The client was found not guilty of reckless driving, careless driving and failure to maintain a lane; and was found guilty of refusal. The client received first-offender penalties on the refusal charge.
12. STATE v. C.O’NEILL (Case S514259) – REFUSAL TRIAL – “NOT GUILTY” VERDICT. The client was charged with refusal, DWI and reckless driving in Dennis Township, Cape May County. The client was found not guilty of refusal and avoided a seven-month license suspension and a one-year ignition interlock requirement. She was found not guilty of reckless driving. The client was convicted of a first-tier DWI offense and a received a 90-day license suspension with no ignition interlock requirement.
13. STATE v. C.R. (Case S5246586) – REFUSAL TRIAL – “NOT GUILTY” VERDICT. The client was charged with refusal to take a breath test, reckless driving, speeding over 100 mph and DWI in Egg Harbor Township Municipal Court. The client was found not guilty of refusal to take a breath test and avoided a seven-month license suspension and a one-year ignition interlock requirement. The client was also found not guilty of reckless driving and speeding in excess of 100 mph. The client was found guilty of a first-tier DWI offense and received a 90-day license suspension with no ignition interlock requirement.
14. STATE v. F.C. (Case #S062230) – DWI – “NOT GUILTY” – The client was charged with DWI, careless driving and failure to maintain a line in Margate City. The client was found not guilty of DWI and avoided the harsh penalties associated with drunk driving. The client was found guilty of careless driving which is a two-point ticket in New Jersey.
15. STATE v. R.S. (Case #116455) – DWI CASE – “ALCOTEST READINGS THROWN OUT.” A Somers Point DWI case where the client had a breath test reading of .19 percent and was charged with DWI and leaving the scene of an accident. Mr. Tumelty was successful in getting the Alcotest readings suppressed (thrown out) resulting in the client losing his license for only 90 days with first-tier penalties. The leaving the scene of the accident ticket was dismissed.
16. STATE v. N.P. (Case #000395) – DWI CASE – “ALCOTEST READINGS THROWN OUT.” An Egg Harbor Township Case where the client had a breath test reading of .10 percent and was charged with DWI. Mr. Tumelty was successful in getting the Alcotest readings suppressed (thrown out) because the arresting officer failed to comply with a 20-minute observation period. The client was found guilty of a first-tier DWI with only a 90-day loss of license.
17. STATE v. TORRES (Case #212568) – HAMILTON TOWNSHIP DWI – “NOT GUILTY” VERDICT – On February 26, 2013, Mr. Tumelty won an acquittal for his client on a Hamilton Township DWI case. The client is a 22-year-old college student who depended upon a license for school. This was a blood test where Mr. Tumelty successful challenged the lab results and field sobriety tests. The court found the client not guilty of DWI and he avoided a mandatory loss of license, ignition interlock, and the other mandatory penalties.
18. STATE v. JOHNSON (041603) – NORTHFIELD DWI ALCOTEST READING .17% THROWN OUT – On March 1, 2013, Mr. Tumelty was successful in getting his client’s Alcotest reading of .17% suppressed (thrown out).  The client faced a one-year loss of license and mandatory ignition interlock requirement because of the high reading.  With the Alcotest reading thrown out the client was only convicted of a first tier DWI and received a 90-day suspension with no ignition interlock.
19. STATE v. M.S. (Case #960544) – THIRD  OFFENDER DWI TRIAL –  “NOT GUILTY” – A December 2012 DWI trial in Ocean City where the client was facing third-offender penalties that include mandatory six months county jail and ten-year license suspension. Mr. Tumelty assailed the arresting officer’s identification of his client as the driver of the vehicle. Jude Russell found the client not guilty of DWI and the client avoided mandatory county jail and a long license suspension.
20. STATE v. E.K. (Case #312607) – STAFFORD TOWNSHIP DWI TRIAL –  “NOT GUILTY” – A 2012 DWI trial in Stafford Township (Ocean County) where the client was found not guilty of DWI. The state produced a toxicology report showing that the client had cocaine and alprazolam in his urine. However, Mr. Tumelty was able to prove that his client was not under the influence of the substances at the time of operation. He was found not guilty of DWI and avoided the mandatory penalties. The client as only found guilty of reckless driving.
21. STATE v. N.P. (Case #000395) DWI CASE – “ALCOTEST READINGS THROWN OUT”. An Egg Harbor Township Case where the client had a breath test reading of .10% and was charged with DWI. Mr. Tumelty was successful in getting the Alcotest readings suppressed (thrown out) because the arresting officer failed to comply with a 20-minute observation period. The client was found guilty of a first-tier DWI with only a 90-day loss of license.
22. STATE v. J.M. – (Case No;   11631) –DWI & REFUSAL  CASE – “NOT GUILTY”. A September 2012 case in Somers Point (Atlantic County) where the client was found not guilty of DWI and not guilty of refusal. Mr. Tumelty successfully defended the refusal charge based on constitutional deficiencies in the breath test warnings given by police. Mr. Tumelty produced medical records and expert reports proving that a medical condition contributed to the client’s inability to perform the field sobriety tests. The client was only found guilty of reckless driving.
23. 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-offense 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.
24. 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 penalties. 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.
25. STATE v. D.L – 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 the client “not guilty” of the DWI charge.
26. 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 a 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.
27. STATE v. E.L. (CASE  SP5246338) REFUSAL   TRIAL   “NOT GUILTY”  VERDICT  – A refusal trial in Egg Harbor Township Municipal Court. Mr. Tumelty was successful in achieving a not guilty verdict on a refusal charge on procedural mistakes made by the arresting officer. The client avoided mandatory penalties for a refusal offense which include a seven-month license suspension and ignition interlock requirement. The client was found guilty of DWI but only lost his license for 90 days.
28. 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.
29. 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.
30. STATE v. FREEMAN – DWI TRIAL –“NOT GUILTY” VERDICT. An Atlantic City DWI case where the client was found not guilty of DWI. The client was found guilty of reckless driving but was able to avoid a DWI conviction.
31. 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 of the State’s failure 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.
32. 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.
33. STATE v. HALL – Jail Time Avoided for 3rd DWI Offense– A Cape May County DWI Case where the client was facing a third-offense DWI and mandatory six months jail. Mr. Tumelty challenged the legality of the client’s prior DWI conviction which resulted in a no-jail sentence. The client did not receive any jail time.
34. 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 attacked the police officer’s opinion that she was under the influence. Ms. Titlow was found “not guilty” of DWI.
35. STATE v. O’NEILL – DWI CASE – “NOT GUILTY”. An Absecon (Atlantic County)DWI where Mr. Tumelty was successful in getting the breath test readings suppressed because of mistakes made by the arresting officer. The client avoided the harsh penalties that go with a DWI conviction.
36. 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.
37. 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.
38. STATE v. DWORSKY – DWI CASE – “NOT GUILTY” VERDICT – An Atlantic County DWI case where the client was found not guilty of driving under the influence of drugs. Although the lab report showed heroin in the client’s urine, the state did not produce a drug recognition expert to say the defendant was under the influence of a drug at the time of operation. Mr. Tumelty successfully argued that the evidence was insufficient to prove intoxication at the time of operation. The client avoided a DWI conviction.
39. STATE v. GUAGENTI – DWI CASE – “NOT GUILTY” OF A THIRD OFFENSE – An Upper Township DWI case where the client was looking at a potential third-offense for DWI.  Mr. Tumelty successfully argued that the evidence was insufficient to prove that his client was under the influence of alcohol or drugs at the time of operation. Mr. Tumelty also argued that the delay between arrest and trial violated the client’s speedy trial rights. The DWI charge was dismissed and the client avoided a mandatory ten-year loss of license and six months in county jail for a third offense.
40. STATE v. JOHNSON – DWI CASE – “NOT GUILTY” VERDICT – A Cape May  County DWI case where the client was found not guilty of DWI for drugs. The lab report detected Xanax and Methadone in the client’s urine sample. Mr. Tumelty was successful in undermining the state’s evidence and getting his client acquitted of DWI.
41. STATE v. HENNING – DWI CHARGE – ALCOTEST  READINGS  THROWN  OUT – A Somers Point DWI case where Mr. Tumelty successfully argued for suppression of the .16% BAC Alcotest readings. With the Alcotest reading 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.
42. STATE v. F.C. (Case #S062230) – DWI – “NOT GUILTY” – The client was charged with DWI, careless driving and failure to maintain a line in Margate City. The client was found not guilty of DWI and avoided the harsh penalties associated with drunk driving. The client was found guilty of careless driving which is a two-point ticket in New Jersey.
43. STATE v. F.M. (Case #039212) – “NOT GUILTY”  OF DWI OFFENSE. A November 2012 Longport DWI case where the client was found not guilty of DWI. Mr. Tumelty was successful in getting the breath test reading thrown out and the client was found not guilty of DWI and avoided the mandatory penalties for a DWI conviction. The client was only found guilty of reckless driving.
44. STATE v. I.H. (Case #115680) – DWI OFFENSE – “NOT GUILTY”. A September 2012 Somers Point DWI case. The client was found inside a vehicle parked outside of a bar in Somers Point with the engine running. Although the client was intoxicated, Mr. Tumelty successfully argued that the client did not have an intent to drive. The court found insufficient evidence to prove the operation element of a DWI charge and the DWI offense was dismissed. The client avoided the mandatory penalties that go with a DWI offense.
45. STATE v. R.S. (Case #116455)  – DWI CASE – “ALCOTEST READINGS THROWN OUT”. A Somers Point DWI case where the client had a breath test reading of .19% and was charged with DWI and leaving the scene of an accident. Mr. Tumelty was successful in getting the Alcotest readings suppressed (thrown out) resulting in the client losing his license for only 90-days with first-tier penalties. The leaving the scene of the accident ticket was dismissed.
46. STATE v. A.U. (Case#966297)  – OCEAN CITY REFUSAL CASE “NOT GUILTY”  – This was a January 2013 refusal case in Ocean City Municipal Court. The client was charged with a first-offense for refusal and DWI. Mr. Tumelty successfully argued that the client did not knowingly refuse to take the breathalyzer test. The client did not fully understand her obligation to take the test. The client was found not guilty of the refusal charge and avoided a mandatory seven-month license suspension, ignition interlock requirement, and other mandatory fines and penalties. The client was found guilty of a low-level DWI offense and only received a 90-day license suspension.
47. STATE v. C.O (Case No.D119512) – VENTNOR CITY DWI CHARGE DOWNGRADED  TO RECKLESS  DRIVING. In April 2013, Mr. Tumelty was successful in getting his client’s DWI charge in Ventnor City Municipal Court downgraded to reckless driving. The client avoided a DWI conviction and only lost her license for 30-days. Mr. Tumelty successfully challenged the probable cause for the car stop and evidence supporting the DWI offense.
48. STATE v. J.S. (Case No. S3000107) – ALCOTEST READING THROWN OUT. The client was arrested for DWI on the Atlantic City Expressway coming from Atlantic City. He blew a .12% percent on the Alcotest. Mr. Tumelty was successful in getting the Alcotest reading thrown out. This resulted in a conviction for a first-tier DWI with only a 90-day license suspens10n.
49. STATE v. M.E. (Case No. S245058) – EGG HARBOR TOWNSHIP DWI “NOT GUILTY”. In April 2013, Mr. Tumelty was successful in challenging the sufficiency of the state’s evidence for the DWI offense. The client was found not guilty of DWI and not guilty of reckless driving. The client avoided a loss of license and the mandatory penalties that go with a DWI conviction.