Phoenix DUI Law Blog

Arizona Court Refuses to Modify Verdict Based on “Flight Instruction” in Recent DUI Case
James Novak Team

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…

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Posted in: Dui
Arizona Court Rejects Defendant’s Argument to Keep Out Incriminating Evidence in Recent DUI Case
James Novak Team

In a recent opinion from an Arizona court involving a DUI, the defendant’s request for a new verdict was denied. The defendant was found guilty of manslaughter, assault, endangerment, and driving under the influence. He appealed, arguing the verdict was unreasonable because the court allowed the jury to consider a prior DUI offense when making…

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Posted in: Dui
Court Denies Motion to Suppress Incriminating Evidence Obtained During Arizona DUI Stop
James Novak Team

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 found that there were no…

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Consequences of an Arizona DUI Conviction
James Novak Team

Driving under the influence of drugs or alcohol is a common crime in Arizona. However, there is an often-held misunderstanding about the serious consequences an Arizona DUI conviction can carry. Contrary to popular belief, these are not minor traffic offenses. DUI cases are taken very seriously by Arizona law enforcement, prosecutors and judges, and a…

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Arizona Court Upholds Defendant’s Aggravated DUI Convictions in Case Involving a Minor
James Novak Team

Recently, an Arizona appellate court affirmed a lower court’s convictions of a defendant in a DUI case involving a minor passenger. The defendant appealed the lower court’s decision, arguing that there was a fundamental error in the record. The appellate court found that there was no fundamental error because the court proceedings were properly conducted…

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Court Finds Proof of Defendant’s Knowledge of Interlock Requirement Was Required Element in Recent Arizona DUI Case
James Novak Team

After an Arizona DUI conviction, drivers must often install an ignition interlock device on their vehicle before having their driving privileges reinstated. An ignition interlock is a small device installed near the steering column that requires a driver to blow into a tube before starting their vehicle. If there is any alcohol on the driver’s…

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Posted in: Dui
Defendant Appeals Arizona Drug DUI Conviction Based on Inflammatory Evidence
James Novak Team

An appellate court recently issued an opinion in an appeal stemming from a case involving a woman convicted of an Arizona drug DUI offense. According to the court’s opinion, the defendant was sentenced to concurrent prison terms after a jury convicted her of several drug and driving offenses. Amongst several issues, the defendant appeals arguing…

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Court Affirms Six-Year Sentence for Drug Possession Following DUI Investigation
James Novak Team

Recently, a state appellate court issued a hard-to-swallow opinion in an Arizona drug possession case. The case illustrates police officers’ power when conducting a traffic stop, especially while investigating DUI charges. The Facts of the Case According to the court’s opinion, two women were leaving a casino by car. A police officer noticed that the…

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Appellate Court Allows Defendant’s Statement, Finding Any Error in Its Admission Was Harmless
James Novak Team

Recently, a state appellate court issued a written opinion in an Arizona DUI case involving a defendant who was alleged to have caused a serious accident while under the influence of methamphetamine. The defendant appealed his conviction, arguing that the trial court failed to exclude a statement used against him at trial. However, the court…

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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.

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 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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