Phoenix DUI Law Blog

Enhanced Arizona DUI Patrols Over the Holidays
James Novak

Arizona ride-sharing and cab services are a popular way for residents to enjoy holiday festivities without the risk of impaired driving. However, as COVID-19 continues to spread throughout the state, people are understandably concerned about the various health and safety issues associated with ride-sharing services. In turn, individuals may be more likely to drive under…

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Court Rules on Evidentiary Issues in Case Involving Arizona DUI Car Chase
James Novak

Earlier this month, a state appellate court issued an opinion in a case involving an Arizona high-speed chase that ended with the driver being arrested and charged with several serious offenses, including aggravated assault, criminal damage, unlawful flight, and aggravated driving under the influence. At trial, the defendant wanted to introduce evidence that an officer…

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Posted in: Dui
What Happens if You Refuse a Breath Test in an Arizona DUI Traffic Stop?
James Novak

One of the biggest fears for most motorists is seeing the red-and-blue lights of a police officer’s patrol car flick on in their rear-view mirror. While the process of getting pulled over is stressful for anyone, this is especially the case for those who have had a drink or two. For many motorists, the thought…

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Court Grants Prosecution’s Motion to Preclude Evidence in Recent Arizona DUI Case
James Novak

Recently, a state appellate court issued an opinion in an Arizona DUI case, affirming the prosecution’s motion to preclude any evidence that led to the defendant’s stop. Ultimately, the court concluded that the lower court was proper to grant the prosecution’s motion, and affirmed the defendant’s conviction. The Facts of the Case According to the…

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Court Rejects Defendant’s Attempt to Admit Medical Marijuana Card into Evidence in Recent Arizona DUI Case
James Novak

Earlier this year, a state appellate court issued an opinion in an Arizona DUI case discussing the defendant’s claim that the court improperly prevented him from presenting his medical marijuana card to the jury. Because the prosecution withdrew the charge of driving under the influence of drugs, and proceeded only with the DUI-alcohol charge, the…

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The Escalating Punishments for Repeat Arizona DUI Offenses
James Novak

Drunk driving is taken seriously by police and prosecutors across the country. That said, out of all fifty states, Arizona DUI laws are among the strictest. However, the punishments for DUI crimes are not always easy to understand. At the same time, it is only when someone truly understands what they could be facing that…

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When Is Someone “Operating” a Vehicle Under Arizona DUI Law?
James Novak

One of the elements that the prosecution must prove in an Arizona DUI charge is that the driver was in actual physical control of a vehicle. If the prosecution cannot establish this fact, then the defendant must be found not guilty. However, courts define “actual physical control” quite broadly, as illustrated in a recent appellate…

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Court Finds Evidence Sufficient to Support Conviction in Recent Arizona DUI Case
James Novak

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case affirming the defendant’s conviction. The case involved the defendant’s challenge to the sufficiency of the evidence presented by the prosecution and used by the jury to convict him. Ultimately, the court concluded that the evidence was sufficient, and the court…

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Know the Potential Consequences of an Arizona DUI Conviction
James Novak

For those facing Arizona DUI charges, it is crucial to understand what they are up against before deciding how to proceed. An Arizona DUI conviction can carry severe penalties, including jail time. These penalties can increase significantly based on the existence of certain aggravating factors. The following article provides an overview of the potential short-term…

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Recent Entries

The Importance of Handwriting in an Arizona Criminal Case A person’s handwriting can come back to haunt them, and evidence in the trial court’s record of the defendant’s handwriting can end up helping the...

When Can an Officer Reasonably Prolong a Traffic Stop in Arizona? In Arizona, an officer that sees an individual commit a traffic violation can reasonably initiate a traffic stop. The traffic stop must only last the...

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...

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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.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

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