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Arizona Criminal Defense Attorney Blog

New Technology Enables Police to Obtain Search Warrant within 10 Minutes
Law Office of James Novak

Why Missouri v. McNeely won’t have much impact in Maricopa CountyA recent U.S. Supreme Court decision may not change Arizona DUI law, but it may bring the rest of the nation more in line with Arizona’s policies. Phoenix AZ court’s Search Warrant Center is available 24 hours a day, 7 days a week for police…

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Statewide Arizona DUI Enforcement Increased over Memorial Day Weekend
Law Office of James Novak

DUI one of four main causes of fatal and serious auto accidents on Arizona roadways. Enforcement of Arizona’s tough DUI laws tend to ramp up in May, especially over Memorial Day weekend and around graduation festivities. Last year, police arrested 3,129 people for DUIs between May 1 and May 31st, 556 of those arrests were…

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Will Tough Arizona DUI Laws Get Even Tougher?
Law Office of James Novak

How National Agency’s Recommendations Will Impact Arizona Drivers Arizona has tough DUI laws. They may get tougher, but not by much. The National Transportation Safety Board (NTSB), an independent federal agency, recently recommended, among other things, that the blood alcohol threshold be dropped from .08 BAC to .05 in all 50 states. Those drivers whose…

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Arizona Court Rules Against Imposition of Non-concurrent Assessments
Law Office of James Novak

The Court of Appeals of Arizona recently decided an appeal regarding aggravated DUI in the case State of Arizona v. John Patrick McDonagh. This is an interesting case that works in favor of DUI defendants. It arose when the State charged the defendant with four counts of aggravated DUI. These were all variations on the…

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Drowsy Driving v. DUI Charges: Facts, Prevention and Criminal Defense
Law Office of James Novak

Driving drowsy isn’t a crime. But it can lead to other serious vehicular offenses including DUI or reckless endangerment. The National Highway and Traffic Safety Administration (NHTSA) and the National Center for Disease Control (CDC) have released reports about hazards of “drowsy driving”. Both of these are high risk behaviors that can result in serious…

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Tempe Police Announce DUI Task Force for St. Patrick’s Day Festivities
Law Office of James Novak

Tempe Police warn drivers to plan ahead. Tempe Police Department announced this week that it will be working in cooperation with Scottsdale Police, Maricopa County Sheriff’s Department, and the AZ Governor’s Office of Highway Safety in a joint DUI Task Enforcement. It is scheduled to take place surrounding the 2013 St. Patrick’s Day festivities, beginning…

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Marijuana DUI: The Impact of Montgomery V. Harris in Arizona
Law Office of James Novak

Arizona Court of Appeals rules non-impairing Marijuana ingredients qualify for DUI prosecution. A recent Marijuana DUI dismissal was overturned in favor of the state and moved for continued prosecution in the Arizona Court of Appeals. The main legal issue was whether or not a motorist could be prosecuted for Marijuana DUI when the only evidence…

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Defenses for Disorderly Conduct Charges in Arizona
Law Office of James Novak

Why Disorderly Conduct Charges are often challenged and dismissed “Disorderly Conduct” is also known as “Disturbing the Peace”. There are a number of offenses under Arizona Criminal Code A.R.S. 13-2904 that fall within the classification of Disorderly Conduct. These are among the most successfully challenged criminal offenses due to their vague and sometimes biased nature.…

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Phoenix to Conduct Largest Gun Buyback Program in City’s History
Law Office of James Novak

The Mayor of Phoenix AZ recently announced plans for the largest Gun Buyback Program to be held in May 2013. It is being funded by an anonymous donation of $100,000.00. A Gun Buyback Program is an organized jurisdictional effort to compensate gun owners in return for their guns. The goal is to take unwanted guns…

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Rights to Confront Your Accuser in Criminal Charges
Law Office of James Novak

The correct way to confront your accuser as afforded under the 6th Amendment of the US Constitution. Your Legal Rights to Confront Your Accuser or Witness A defendant has many rights under the State and US Constitution. The 6th Amendment of the US Constitution affords the accused of the right to confront their accuser or…

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Arizona Criminal Defense Attorney Blog

Understanding Prolonged Traffic Stops in Arizona In Arizona, a police officer cannot keep a driver in a traffic stop against his or her will without a legal basis to do so. Arizona case law...

Arizona Court’s Opinion Reinforces Case Law Dictating Trial Court Jurisdiction Over Defendants Over Eighteen Years of Age In a recent opinion published by the Arizona Court of Appeals, Division One, the court vacated a trial court’s dismissal of an assault indictment...

Recent Arizona Court Opinion Highlights Reality that Multiple Offenses Means Harsher Sentences In Arizona, if a defendant with prior convictions is found guilty of a crime, that defendant will face a harsher sentence than if he or she had no...

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