Phoenix DUI Law Blog

Court Affirms Six-Year Sentence for Drug Possession Following DUI Investigation
James Novak

Recently, a state appellate court issued a hard-to-swallow opinion in an Arizona drug possession case. The case illustrates police officers’ power when conducting a traffic stop, especially while investigating DUI charges. The Facts of the Case According to the court’s opinion, two women were leaving a casino by car. A police officer noticed that the…

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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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Implications of Legalization of Recreational Marijuana on Arizona DUIs
James Novak

In January, several Arizona dispensaries began selling marijuana to legal adults who do not have a medical marijuana card. The move came after voters approved Arizona marijuana sales. Motorists must understand that despite the legalization of recreational marijuana, they may still be arrested and charged with an Arizona DUI. Notwithstanding the presumed increase of Arizonans…

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Can an Arizona DUI Conviction Affect a Child Custody Determination?
James Novak

When thinking about the possible consequences of an Arizona DUI conviction, the most commonly feared repercussions involve infringements on your freedom, such as jail time, probation, or the suspension of your driver’s licenses. However, Arizona DUI offenses carry a host of other collateral consequences that can also have a significant impact on your life. One…

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Arizona DUI Charges Based on a Driver’s “Physical Control” Over a Vehicle
James Novak

Arizona law recognizes driving under the influence (DUI) as a violent crime, and violations of the law may result in hefty penalties and incarceration. For example, recently, a court issued an opinion stemming from an Arizona defendant’s appeal of his DUI conviction. The case arose after police responded to a welfare check of the defendant…

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The “Actual Physical Control” Element of an Arizona DUI Case
James Novak

Everyone knows that drunk driving is against the law. However, the elements of a DUI offense are not always straightforward. One of the most misunderstood elements of an Arizona drunk driving offense is the requirement that the prosecution proves a defendant was in “actual physical control” of the vehicle. A recent state appellate decision discusses…

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Court Affirms Defendant’s DUI Conviction in Recent Arizona Drunk Driving 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 illustrates the challenges of successfully litigating an appeal, as well as the importance of vigorously defending against all allegations at trial. The Facts of the Case According to the court’s opinion, a group of…

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Court Rejects Defendant’s Claim the Prosecution Failed to Preserve Important Evidence in Recent Arizona DUI Case
James Novak

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case involving the defendant’s claim that the prosecution failed to preserve evidence that would have shown police violated his rights. However, ultimately, the court concluded that the video, at best, could provide “potentially useful” evidence, but could not show that he…

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Court Rejects Defendant’s Claims of Prosecutorial Misconduct in Recent Arizona DUI Case
James Novak

The role of an Arizona DUI defense attorney is to defend his or her client at every step of the case. Initially, this means conducting a thorough investigation into the case, diligently reviewing the state’s evidence, and creating a compelling defense. Once the trial starts, however, a defense attorney’s role expands, requiring they keep an…

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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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