Phoenix DUI Law Blog

Court Affirms Defendant’s DUI Conviction in Recent Arizona Drunk Driving Case
James Novak Team

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case, affirming the defendant’s conviction. The case illustrates the challenges of successfully litigating an appeal, as well as the importance of vigorously defending against all allegations at trial. The Facts of the Case According to the court’s opinion, a group of…

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Court Rejects Defendant’s Claim the Prosecution Failed to Preserve Important Evidence in Recent Arizona DUI Case
James Novak Team

Earlier this month, a state appellate court issued an opinion in an Arizona DUI case involving the defendant’s claim that the prosecution failed to preserve evidence that would have shown police violated his rights. However, ultimately, the court concluded that the video, at best, could provide “potentially useful” evidence, but could not show that he…

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Court Rejects Defendant’s Claims of Prosecutorial Misconduct in Recent Arizona DUI Case
James Novak Team

The role of an Arizona DUI defense attorney is to defend his or her client at every step of the case. Initially, this means conducting a thorough investigation into the case, diligently reviewing the state’s evidence, and creating a compelling defense. Once the trial starts, however, a defense attorney’s role expands, requiring they keep an…

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Arizona Finds Witness Statements Were Improperly Admitted, but Affirms Defendant’s DUI Conviction
James Novak Team

Last month, a state appellate court issued a written opinion in an Arizona drunk driving case, discussing the defendant’s challenges to certain statements admitted at trial. Ultimately, the court held that, while the statements should not have been admitted, the defendant failed to show that admission of the statements constituted a “fundamental error.” The Facts…

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Court Rejects Motion to Suppress Identification in Recent Arizona DUI Accident Case
James Novak Team

Late last month, a state appellate court issued a written opinion in an Arizona DUI accident case discussing the defendant’s motion to suppress an identification made by witnesses to the accident. Ultimately, the court determined that the witnesses’ identification was not unduly suggestive, and even if it was, the defendant could not show that he…

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Enhanced Arizona DUI Patrols Over the Holidays
James Novak Team

Arizona ride-sharing and cab services are a popular way for residents to enjoy holiday festivities without the risk of impaired driving. However, as COVID-19 continues to spread throughout the state, people are understandably concerned about the various health and safety issues associated with ride-sharing services. In turn, individuals may be more likely to drive under…

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Court Rules on Evidentiary Issues in Case Involving Arizona DUI Car Chase
James Novak Team

Earlier this month, a state appellate court issued an opinion in a case involving an Arizona high-speed chase that ended with the driver being arrested and charged with several serious offenses, including aggravated assault, criminal damage, unlawful flight, and aggravated driving under the influence. At trial, the defendant wanted to introduce evidence that an officer…

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Posted in: Dui
What Happens if You Refuse a Breath Test in an Arizona DUI Traffic Stop?
James Novak Team

One of the biggest fears for most motorists is seeing the red-and-blue lights of a police officer’s patrol car flick on in their rear-view mirror. While the process of getting pulled over is stressful for anyone, this is especially the case for those who have had a drink or two. For many motorists, the thought…

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Court Grants Prosecution’s Motion to Preclude Evidence in Recent Arizona DUI Case
James Novak Team

Recently, a state appellate court issued an opinion in an Arizona DUI case, affirming the prosecution’s motion to preclude any evidence that led to the defendant’s stop. Ultimately, the court concluded that the lower court was proper to grant the prosecution’s motion, and affirmed the defendant’s conviction. The Facts of the Case According to the…

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

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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Recent Entries

Do You Have to Take a Breathalyzer in Arizona? Implied Consent Explained You can refuse a breathalyzer in Arizona — but the refusal itself triggers an automatic 12-month driver’s license suspension under the...

Challenging DUI Stops in Maricopa County Arizona 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...

When Arizona Judges Comment on Remorse at Sentencing and Why It Can Trigger a Remand Sentencing can feel like the moment when everything turns personal. The court is no longer deciding guilt or innocence, but it is deciding how much...

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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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