Phoenix DUI Law Blog

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

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 DUIs Over Memorial Day Decreased Since 2019, Likely Due to COVID-19
James Novak Team

It is a well-known fact that there are more Arizona DUI arrests over long holiday weekends because law enforcement officers believe that there will be more drunk drivers on the road. However, some weekends result in more DUI arrests than others. According to a recent report, instances of intoxicated driving are much more common over…

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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 Team

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 Team

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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The COVID-19 Pandemic Is Reducing the Number of Arizona DUI Arrests
James Novak Team

To prevent against the spread of the novel coronavirus, or COVID-19 as it has come to be known, Governor Ducey signed an executive order requiring schools close, many businesses close, and residents stay inside their homes except for certain specified reasons. The Governor’s order, referred to as “Stay Home, Stay Healthy, Stay Connected,” went into…

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Arizona Court Rejects Defendant’s Argument to Suppress Evidence in Recent DUI Case
James Novak Team

In March of this year, a state appellate court issued a written opinion in an Arizona DUI case involving the defendant’s motion to suppress evidence that was recovered during the traffic stop that led to his arrest. Specifically, the defendant claimed that the police illegally seized him after they found out that he did not…

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Court Discusses the “Operation” Element of an Arizona DUI Offense in Recent Opinion
James Novak Team

Before someone can be found guilty of a crime, the prosecution must prove each element of the offense beyond a reasonable doubt. When it comes to Arizona DUI charges, the prosecution must show not only that the driver was intoxicated, but also that they were in “actual physical control” of the vehicle. This is commonly…

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Crucial Facts about Arizona Drug DUIs
James Novak Team

In Arizona, it is against the law to drive while under the influence of drugs or alcohol. Routinely, clients facing Arizona DUI charges are surprised to see that their blood or breath contained as much of a substance as the test results indicate. Thus, this post is dedicated to informing motorists about the length of…

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Recent Entries

Strict-Liability Aggravated DUI In Arizona: What The Latest Case Means For Your Defense Arizona courts recently clarified a key question about aggravated DUI charges that involve wrong-way driving. The Court of Appeals held that the...

Arizona Appeals Court Clarifies How Justification Defenses Must Be Requested at Trial If you are facing a weapons misconduct or assault charge in Arizona and believe your actions were justified, your ability to raise that defense later...

Arizona Appeals Court Upholds Gun Convictions Based on Circumstantial Evidence A recent Arizona Court of Appeals decision shows how prosecutors can use indirect evidence to secure convictions for weapons offenses, even when...

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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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