Phoenix DUI Law Blog

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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Court Grants Defendant’s Motion to Suppress in Arizona DUI Case Based on Dashcam Footage, Appellate Court Affirms
James Novak

Earlier this month, a state appellate court issued an opinion affirming a trial court’s decision to grant a defendant’s motion to suppress in an Arizona DUI case. The case required the court to review the state’s claim that reasonable suspicion supported the traffic stop. After viewing dashcam footage from the officer’s vehicle, the trial court…

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The COVID-19 Pandemic Is Reducing the Number of Arizona DUI Arrests
James Novak

To prevent against the spread of the novel coronavirus, or COVID-19 as it has come to be known, Governor Ducey signed an executive order requiring schools close, many businesses close, and residents stay inside their homes except for certain specified reasons. The Governor’s order, referred to as “Stay Home, Stay Healthy, Stay Connected,” went into…

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Arizona Court Rejects Defendant’s Argument to Suppress Evidence in Recent DUI Case
James Novak

In March of this year, a state appellate court issued a written opinion in an Arizona DUI case involving the defendant’s motion to suppress evidence that was recovered during the traffic stop that led to his arrest. Specifically, the defendant claimed that the police illegally seized him after they found out that he did not…

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Court Discusses the “Operation” Element of an Arizona DUI Offense in Recent Opinion
James Novak

Before someone can be found guilty of a crime, the prosecution must prove each element of the offense beyond a reasonable doubt. When it comes to Arizona DUI charges, the prosecution must show not only that the driver was intoxicated, but also that they were in “actual physical control” of the vehicle. This is commonly…

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Crucial Facts about Arizona Drug DUIs
James Novak

In Arizona, it is against the law to drive while under the influence of drugs or alcohol. Routinely, clients facing Arizona DUI charges are surprised to see that their blood or breath contained as much of a substance as the test results indicate. Thus, this post is dedicated to informing motorists about the length of…

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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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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.

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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