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…
Articles Posted in Probable Cause
DUI Stops and Testing on the Road in Arizona: Know Your Rights
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…
Court Denies Motion to Suppress Incriminating Evidence Obtained During Arizona DUI Stop
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…
Motions to Suppress in Arizona DUI Cases
In any Arizona DUI case, the defendant can file a motion to suppress certain evidence. When a motion to suppress is filed, it is the prosecution’s burden to prove that the evidence it is intending on using at trial was lawfully obtained. Often, Arizona motions to suppress focus on statements…
When Can an Arizona Police Officer Demand a Motorist Take a Drug or Alcohol Test?
Under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable” searches and seizures. This includes requiring a driver to take a blood or breath test. Over the years, courts have described what constitutes an unreasonable search or seizure. In general, police must have a search warrant…
Arizona Court Condones Officer’s Arrest of Defendant, Despite Potentially Innocent Explanation for Signs of Intoxication
Late last month, a state appellate court issued a written opinion in an Arizona DUI case in which the court had to determine if the officer’s arrest of the defendant was supported by probable cause. The case gave the court the opportunity to discuss probable cause in the DUI context,…
When Can an Officer Pull a Motorist Over Based on a Belief of Intoxication?
While getting pulled over may seem random – and indeed, sometimes it is – police officers are not permitted to pull motorists over for no reason. In fact, when a traffic stop is challenged, police officers must be able to articulate the reasons they relied upon for stopping a motorist.…
Court Discusses “Medical Draw Exception” to Warrant Requirement in Recent Arizona DUI Case
In a recent opinion, an Arizona state court discussed the “medical draw exception” to the general requirement that police obtain a search warrant before taking the blood of someone they suspect to be under the influence. The case offered the court the opportunity to clarify the narrow set of circumstances…
DUI Issues: What If There Was Insufficient Cause for a Traffic Stop?
If you're charged with drunk driving, it can have a major impact on your life and livelihood. That's why it's so important to speak with an experienced Phoenix DUI defense attorney. A skilled lawyer can examine the circumstances of your case and help ensure that all of your rights were…
Probable Cause Makes a Difference in DUI Cases
For expert criminal defense and legal counsel, the people of Phoenix know that they can rely on The Law Office of James Novak. Using our legal experience and years of know-how, we will help ensure fair hearings and that the legal system works fairly. This commitment to fairness and proper…