Phoenix DUI Law Blog

Changes in DUI Laws Important to Consider as Proposition 207 Shifts the Legal Landscape in Arizona
James Novak

In the past few years, general perspectives and laws around marijuana have shifted in Arizona. In 2010, medical marijuana was legalized. In 2020, Arizonans passed Proposition 207, which legalized the use and possession of small amounts of marijuana. Because of these changes, marijuana DUI laws in the State are enforced and prosecuted differently than they…

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Police Officers to Crack Down on DUIs in Arizona This Holiday Season
James Novak

This holiday season, drivers will be especially eager to visit their family and friends for annual celebrations. With many people having stayed home last year due to the COVID-19 pandemic, groups could be gathering in higher numbers this year compared to years past. It is important to be aware, however, that as more Arizonians are…

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Arizona Court Rejects Defendant’s Argument to Keep Out Incriminating Evidence in Recent DUI Case
James Novak

In a recent opinion from an Arizona court involving a DUI, the defendant’s request for a new verdict was denied. The defendant was found guilty of manslaughter, assault, endangerment, and driving under the influence. He appealed, arguing the verdict was unreasonable because the court allowed the jury to consider a prior DUI offense when making…

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Posted in: Dui
Court Denies Motion to Suppress Incriminating Evidence Obtained During Arizona DUI Stop
James Novak

In a recent opinion from an Arizona court involving a DUI stop, the defendant’s request for evidence to be suppressed was denied. The defendant was found guilty of drug possession. He appealed, arguing the police officer’s search of his vehicle was illegal. The appellate court denied the appeal because it found that there were no…

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Consequences of an Arizona DUI Conviction
James Novak

Driving under the influence of drugs or alcohol is a common crime in Arizona. However, there is an often-held misunderstanding about the serious consequences an Arizona DUI conviction can carry. Contrary to popular belief, these are not minor traffic offenses. DUI cases are taken very seriously by Arizona law enforcement, prosecutors and judges, and a…

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Arizona Court Upholds Defendant’s Aggravated DUI Convictions in Case Involving a Minor
James Novak

Recently, an Arizona appellate court affirmed a lower court’s convictions of a defendant in a DUI case involving a minor passenger. The defendant appealed the lower court’s decision, arguing that there was a fundamental error in the record. The appellate court found that there was no fundamental error because the court proceedings were properly conducted…

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Court Finds Proof of Defendant’s Knowledge of Interlock Requirement Was Required Element in Recent Arizona DUI Case
James Novak

After an Arizona DUI conviction, drivers must often install an ignition interlock device on their vehicle before having their driving privileges reinstated. An ignition interlock is a small device installed near the steering column that requires a driver to blow into a tube before starting their vehicle. If there is any alcohol on the driver’s…

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Posted in: Dui
Defendant Appeals Arizona Drug DUI Conviction Based on Inflammatory Evidence
James Novak

An appellate court recently issued an opinion in an appeal stemming from a case involving a woman convicted of an Arizona drug DUI offense. According to the court’s opinion, the defendant was sentenced to concurrent prison terms after a jury convicted her of several drug and driving offenses. Amongst several issues, the defendant appeals arguing…

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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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