Phoenix DUI Law Blog

Court Rejects Defendant’s Attempt to Admit Medical Marijuana Card into Evidence in Recent Arizona DUI Case
James Novak

Earlier this year, a state appellate court issued an opinion in an Arizona DUI case discussing the defendant’s claim that the court improperly prevented him from presenting his medical marijuana card to the jury. Because the prosecution withdrew the charge of driving under the influence of drugs, and proceeded only with the DUI-alcohol charge, the…

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The Escalating Punishments for Repeat Arizona DUI Offenses
James Novak

Drunk driving is taken seriously by police and prosecutors across the country. That said, out of all fifty states, Arizona DUI laws are among the strictest. However, the punishments for DUI crimes are not always easy to understand. At the same time, it is only when someone truly understands what they could be facing that…

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When Is Someone “Operating” a Vehicle Under Arizona DUI Law?
James Novak

One of the elements that the prosecution must prove in an Arizona DUI charge is that the driver was in actual physical control of a vehicle. If the prosecution cannot establish this fact, then the defendant must be found not guilty. However, courts define “actual physical control” quite broadly, as illustrated in a recent appellate…

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Court Finds Evidence Sufficient to Support Conviction in Recent Arizona DUI 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 involved the defendant’s challenge to the sufficiency of the evidence presented by the prosecution and used by the jury to convict him. Ultimately, the court concluded that the evidence was sufficient, and the court…

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Know the Potential Consequences of an Arizona DUI Conviction
James Novak

For those facing Arizona DUI charges, it is crucial to understand what they are up against before deciding how to proceed. An Arizona DUI conviction can carry severe penalties, including jail time. These penalties can increase significantly based on the existence of certain aggravating factors. The following article provides an overview of the potential short-term…

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Arizona Court Affirms DUI Conviction Over Defendant’s Challenge to Officer’s Decision to Remove Him from the Vehicle
James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case discussing whether the arresting police officer was justified in removing the defendant from the vehicle to perform several field sobriety tests. Ultimately, the court rejected the defendant’s challenges to the traffic stop and affirmed his conviction. The Facts of…

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Arizona Court Denies Defendant’s Motion to Suppress in DUI Case Despite Arresting Officer Being Under Investigation for Providing Misleading Information
James Novak

Earlier this month, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant’s claim that the trooper who pulled him over lacked reasonable suspicion to do so. The defendant’s argument was based on the fact that, at the time of his arrest, the trooper was under investigation for providing…

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Court Grants Defendant’s Motion to Suppress in Arizona DUI Case Based on Dashcam Footage, Appellate Court Affirms
James Novak

Earlier this month, a state appellate court issued an opinion affirming a trial court’s decision to grant a defendant’s motion to suppress in an Arizona DUI case. The case required the court to review the state’s claim that reasonable suspicion supported the traffic stop. After viewing dashcam footage from the officer’s vehicle, the trial court…

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Recent Entries

Can Recanted Testimony Still Lead to a Domestic Violence Conviction in Arizona You may believe that if an alleged victim recants their statement, the charges against you should be dropped. In Arizona, that is not always the...

Arizona Court Upholds Use of Police Interview in Mesa Armed Robbery Conviction If you’ve been arrested in Mesa and questioned by police after a long night, you might wonder whether statements made during that interview can be...

Can Prosecutors in Arizona Use Post-Miranda Silence to Undermine Your Testimony? If police question you following an arrest, your responses or your choice to remain silent can directly affect the outcome of your case. A recent...

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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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