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Articles Posted in impaired to the slightest degree

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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Motorists with the highest risk of DUI and fatal accidents
Law Office of James Novak

How BAC impacts DUI impairments and penalties in Arizona According to the National Center for Disease Control (CDC) recent studies three categories of people are the most at risk of getting an alcohol or drug related DUI. Those categories include young people; motor cyclists; and repeat DUI offenders: 1) More than one of every three…

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Establishing Driver “Impairment” in DUI Cases
Law Office of James Novak

Establishing driver impairment is the most challenging element of a DUI Elements of a DUI There are three elements of a DUI charge in Arizona. Establishing impairment is the third, and most difficult to confirm. First, the facts need to establish that the motorist must be driving or in actual physical control of a vehicle.…

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DUI and Binge Drinking: The number one cause of alcohol poisoning and drunk driving.
Law Office of James Novak

According to a 2012 report by Centers for Disease Control (CDC) Binge drinking was responsible for 80,000 annual deaths. CDC reported that 1 in 6 adults in the USA engaged in it. Other studies reported that 1 in 4 of those were Underage 21 drinkers. Binge drinking is also the number one cause of DUI…

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Arizona Criminal Defense Attorney Blog

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...

“Motive” as a Reason to Admit Otherwise Inadmissible Evidence at Trial When can an Arizona court admit evidence regarding a previous, seemingly unrelated offense during criminal proceedings? The answer is tricky, as...

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