In a December 2023 case before an Arizona court of appeals, the defendant asked for a reconsideration of the lower court’s sentencing decision in her child abuse case. She was originally charged with and convicted of negligent child abuse, and she asked the higher court to conduct a review of…
The United States and Arizona Constitutions each provide the citizens of Arizona with many important rights when they are charged with a crime. As a matter of constitutional law, the protections provided by federal law act as a floor, meaning that states cannot offer their citizens fewer rights. However, states…
Field sobriety tests are usually a pretext to a DUI arrest. There may have been an error in the way the arresting officer administered the test, or the test itself may be subject to attack. One thing to watch for is the external factors that could have influenced the test.…
One of the most common ways for an officer to write a DUI ticket is by having a driver perform a field sobriety test. There are several kinds of tests, and there are also several circumstances that have an impact on a test result. Field sobriety tests on uneven ground…
A DUI case is a serious matter, and deserves a serious defense. Drivers who are pulled over for DUI face possible loss of driving privileges, as well as other harsh consequences. Most arrests start with an initial traffic stop, followed by a field sobriety test. When field sobriety tests involve…
If you have recently been charged with a DUI in Phoenix, AZ, Attorney James Novak can challenge the blood evidence given by the prosecution. Improper handling and storage of a DUI blood test can be used in your defense, leading to suppression of evidence or even a complete dismissal of…
A breathalyzer is one of the most common ways to test for intoxication. However, these tests are not always accurate. There are numerous factors that can contribute to a false reading, but residual alcohol is one of the most frequent. Alcohol can remain in your mouth, even if it has not…
Driving under the influence of drugs or alcohol has been proven to impair decision-making, slow reaction times, and increase the risk of an auto accident. With all the risks associated with DUI, it is understandable that this crime carries harsh penalties. Unfortunately, some drivers are unjustly prosecuted or given overly…
Police officers often rely on DUI breath test devices, most commonly a Breathalyzer test, to determine if someone is driving while under the influence. However, a DUI breath test only provides an estimate of blood alcohol concentration and may be challenged in a court of law. There are many factors…
Police officers are responsible for stopping drunk drivers. One way police officers determine if someone is driving under the influence is through the use of a DUI breath test. Many people do not realize that they can decline to take a DUI breath test in favor of the more accurate…