Earlier this month, an appeals court in Arizona considered whether a criminal defendant that had caused a deadly accident was indeed guilty of homicide and aggravated assault. Originally, the defendant was convicted after his truck collided with an ATV while he was under the influence. Despite the defendant’s argument on…
In a recent DUI case coming out of an Arizona court, the state unsuccessfully argued that the defendant’s motion to dismiss should not have been affirmed. On appeal, the higher court confirmed that the defendant had no reasonable way of knowing that he was required to have an ignition interlock…
Too often, our clients come to us concerned because of charges resulting from a DUI stop. At the Law Office of James E. Novak, we know and understand how frightening it is to get pulled over, and that when alcohol is involved, the stakes are high. It is thus crucial…
In a recent opinion involving a DUI, an Arizona court denied the defendant’s appeal. The defendant had been pulled over for reckless driving on the highway, and he was charged with a DUI and with resisting arrest. Despite the defendant’s four different arguments on appeal, the court affirmed the defendant’s…
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…
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,…
In a recent opinion from an Arizona court involving a DUI, the court denied the defendant’s request for a new verdict. The defendant was found guilty of driving while intoxicated and appealed by arguing that the court unfairly instructed the jury to take into account the fact that he had…
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…
In order to obtain a conviction for a DUI offense, prosecutors must prove beyond a reasonable doubt that the defendant had a blood-alcohol level at or above the legal limit at the time the defendant was operating a motor vehicle. Because police usually rely on a non-portable breath alcohol analyzer…
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…