Phoenix DUI Law Blog

Arizona Finds Witness Statements Were Improperly Admitted, but Affirms Defendant’s DUI Conviction
James Novak

Last month, a state appellate court issued a written opinion in an Arizona drunk driving case, discussing the defendant’s challenges to certain statements admitted at trial. Ultimately, the court held that, while the statements should not have been admitted, the defendant failed to show that admission of the statements constituted a “fundamental error.” The Facts…

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Court Rejects Motion to Suppress Identification in Recent Arizona DUI Accident Case
James Novak

Late last month, a state appellate court issued a written opinion in an Arizona DUI accident case discussing the defendant’s motion to suppress an identification made by witnesses to the accident. Ultimately, the court determined that the witnesses’ identification was not unduly suggestive, and even if it was, the defendant could not show that he…

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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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Recent Entries

Arizona Court Weighs in on Defendant’s Challenge to Juror Impartiality In the recent case of State v. Schalk, the Arizona Court of Appeals upheld the convictions of David Schalk for kidnapping and aggravated assault...

Can a Police Officer Ask for Your Name While Detaining You? If an officer detains you because he suspects you have committed a crime, you have certain rights under the law. These interactions can be...

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...

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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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