Articles Posted in Dui

If you were arrested after a traffic stop, the fastest way to change the direction of the case is to challenge whether the stop, detention, and testing were lawful. The Law Office of James E. Novak handles Arizona DUI defense across Maricopa County, and challenging DUI stops in Maricopa County often becomes the key lever…

In Arizona, as in every state, there are consequences for driving under the influence (DUI). What many people don’t know, however, is that there are several different kinds of DUI, and there are different penalties that come with each kind. The following summaries provide basic descriptions of each kind of DUI in Arizona; however, the…

For a police officer to conduct a traffic stop in Arizona, he or she must have reasonable suspicion to believe that criminal activity is afoot. Without this reasonable suspicion, the officer has no legal basis to pull over a vehicle. How do courts define “reasonable suspicion?” There are some basic standards in place from Arizona…

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 appeal that the trial court…

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 system installed on his vehicle.…

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 to know your rights when…

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 original guilty verdict. The Facts…

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…

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…

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 fled the scene when deciding…