Articles Posted in Blood Draws

Arizona Court Denies Defendant’s Motion to Suppress Blood Draw After Deadly Crash
James Novak

In a recent case coming out of a criminal court in Arizona, the defendant appealed his convictions for negligent homicide, endangerment, criminal damage, and aggravated assault. Facing several different guilty convictions, the defendant made multiple arguments on appeal, one of which was that the trial court should not have denied his original motion to suppress…

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Appellate Court Allows Defendant’s Statement, Finding Any Error in Its Admission Was Harmless
James Novak

Recently, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant who was alleged to have caused a serious accident while under the influence of methamphetamine. The defendant appealed his conviction, arguing that the trial court failed to exclude a statement used against him at trial. However, the court…

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Arizona Court Denies Defendant’s Motion to Suppress in DUI Case Despite Arresting Officer Being Under Investigation for Providing Misleading Information
James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing…

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What Is Retrograde Extrapolation in an Arizona DUI Case?
James Novak

When someone consumes alcohol, their blood-alcohol content (BAC) will increase over time, before it starts to decrease as the alcohol dissipates from their blood. For many Arizona DUI offenses, the prosecution must prove that the defendant’s blood was above the legal limit. Thus, police officers will often try to take a driver’s blood as quickly…

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Arizona Appellate Court Rejects Defendant’s Claims on Appeal, Affirming Conviction
James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case affirming the defendant’s conviction. The case required the court to determine if police were required to obtain a warrant before taking the defendant’s blood. Ultimately, because the defendant gave his consent for the blood draw, the court determined that…

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Can Arizona Police Use Blood Drawn for Medical Purposes to Check for Drugs or Alcohol?
James Novak

The admissibility of blood-test evidence is currently a hot topic in DUI law, with the United States Supreme Court deciding three cases on the subject in the past few years. Often, the issue that comes up in these cases is whether the police officers were able to legally obtain a blood sample based on the…

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Arizona Court Affirms Denial of Motion to Suppress after Applying Nevada State Law
James Novak

In the vast majority of Arizona DUI cases, the applicable law that governs the case is that of the jurisdiction where the offense occurred. However, in very rare circumstances, another state’s laws may apply. This puts state courts in the difficult position of applying a foreign jurisdiction’s law. In a recent Arizona DUI case, the…

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Court Issues Opinion Discussing Arizona’s Implied Consent Statute
James Novak

A few posts ago, we discussed Arizona’s implied consent statute, which provides that anyone who operates a vehicle on a public road implicitly consents to chemical testing if police suspect they are under the influence. In the post, we also discussed that while motorists have no legal basis for refusing a test, they cannot be…

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Court Allows Results of Defendant’s Blood Test to Show Her Knowledge of the Drugs That Were Found in Her Car
James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona drug case involving allegations that the defendant possessed methamphetamine with the intent to deliver. The case presented the court with the opportunity to discuss whether the results of a blood test that was administered to the defendant on the day of…

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Recent Entries

What Are the Differences Between DUI, Extreme DUI, and Aggravated DUI in Arizona? In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are...

Arizona Defendant Unsuccessfully Argues Prosecution Improperly Used Accomplice’s Statements During Trial In a recent case before the Arizona Court of Appeals, Division One, the defendant asked the court to reconsider his conviction and sentence for...

Relevance of Autopsy Photos in Homicide and Murder Cases in Arizona In a criminal case revolving around homicide or murder, it is a long-standing rule in Arizona that photos of the victim’s body are automatically...

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About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others.

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