Articles Posted in Arizona DUI Defense

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AVVO 10 Rating James NovakConsumer tips on how to maximize your experience using attorney rating sites

It is a pleasure to announce that James E. Novak, of Law Office of James E. Novak, PLLC, has been awarded AVVO’s highest rating of “10” which recognizes an Attorney as being “Superb” in their respective practice area.

AVVO Rating System

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New CDC statistics reveal 38 million Americans binge drink 4 times per month; six people die from alcohol poisoning every day.

Arizona Highway DUI Safety

How to Make Your Arizona Experience Sensational with Alcohol Safety

Arizona, the Valley of the Sun, sees an average 37 million people visit each year. Some visitors are here to enjoy the spectacular Grand Canyon, Sonora Desert, Hoover Dam, Monument Valley, majestic Sedona and Oak Creek Canyon, historic Jerome, Desert Botanical Gardens, other National Parks and Recreational Areas. Some are here on business, attending one of Arizona’s many colleges, universities, or trade schools.  Some are participating or here to watch live professional sporting events, popular concerts or other shows.  Others just simply want to get away from the ice, snow and freezing temperatures, to bask in the warm sun of in the fall and winter.

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Causes and Consequences of Extreme DUI and Super Extreme DUI Blood Alcohol Content (BAC) 

Tempe DUI DefenseThe Wednesday evening, before Thanksgiving, is sometimes referred to in pop culture as “Blackout Wednesday”. It earned this nickname, due to the popularity of binge drinking that night.

Though the term is used loosely, binge drinking and its consequences are very serious matters. According to the National Centers for Disease Control (CDC) Binge drinking can lead to loss of consciousness, coma, and death when alcohol is consumed rapidly in large amounts.

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Qualified Medical Marijuana Users Remain at Risk of DUI Prosecution.

MarijuanaAuthorized Medical Marijuana users in Arizona have legal authorization to use the substance, but could still be charged with DUI if considered driving under the influence of drugs, according to a recent Arizona Court of Appeals ruling.

The court ruled Tuesday in the case of Darrah v. Hon. McClennen/City of Mesa, that Arizona Medical Marijuana Act does not protect users from prosecution if there is an active marijuana metabolite or chemical compound in the body when the users get behind the wheel.

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Rippling Impacts Arizona v. Zaragoza:  DUI arrests for being in “actual physical control” of a vehicle 

This weekend in the news we heard a popular motorcycle sports celebrity Robbie Knievel was allegedly arrested for DUI. Reports indicate the Police were called to Mr. Knievel’s parked motor home, near a famous Motor Cycle Rally. When they arrived on the scene, they found Mr. Knievel’s motor home parked; with Robbie Knievel patiently texting on his mobile device, while sitting in the driver’s seat of his parked vehicle.

Police reported that when they arrived they smelled a strong odor of alcohol, and asked him if he had been drinking. He admitted that he had been drinking a few beers, but DUI test results allegedly indicated his Blood Alcohol Content (BAC) tested 0.228 percent which was 3 times the legal limit in South Dakota. But there is more to this story. It was reported that the reason police were called to the scene, was that witnesses reported seeing him allegedly driving into two other motorhomes, causing damage, without stopping.

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“State of Arizona v. Hon. Jane A. Butler and Tyler B” Decision: The Impact of the AZ Supreme Court’s Ruling on Arizona Drivers.

In an unprecedented ruling, the Arizona Supreme Court rejected the Prosecution’s holding that all motorists who drive in Arizona, give their absolute voluntary consent to DUI breath or chemical testing, solely due to the existence of the “Implied Consent” traffic law A.R.S. 28-1321; and that the voluntary consent by a juvenile is not absolute.

This case involved a 16-year-old student who was accused of driving to school under the influence of Marijuana. The student was detained when after school security reported a strong odor of Marijuana in the vehicle, and drug paraphernalia in plain view inside the vehicle. The Court records revealed that the student agreed to have A DUI blood test, only after being handcuffed by police, informed of the existence of the Implied Consent Law, and then instructed that he was required to submit to the DUI chemical test.

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“All gave some; some gave all”.

1. Observance of Memorial Day began after the Civil War, in remembrance of those 620,000 who lost their lives in the deadliest war ever to occur on U.S. soil.

2. Out of the total number of deaths in the Civil War, a majority of the deaths, 400,000, resulted from disease. Combat resulted in 220,000 deaths.

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It is estimated that nearly 10,000 people die, 200,000 people are injured, due to DUI involved collisions every year. To combat the problem, the National Transportation Safety Board (NTSB) recently announced 19 recommendations to reduce DUI fatalities across the country.

A recommendation that has gained much attention is lowering the legal limit of 0.08% Blood Alcohol Limit (BAC) in all states to 0.05 percent. Currently all states have a 0.08% legal limit. At least 100 countries in the world have a 0.05% limit. A spokesperson for the NTSB reported studies that clearly show motorists with a 0.05% BAC or will experience driving impairments that include a decline in cognitive and vision functions.  This increases their risk of causing or being involved in motor vehicle collisions resulting in fatality or serious injuries.

Some studies show on average a person weighing 120 pounds or under, may reach .05% BAC after just one drink of intoxicating liquor, and a person weighing 160 pounds or under may reach the 0.05% limit after only two drinks. However, this can vary by gender; metabolism rate; alcohol tolerance; food or absent food; medications; and other factors that exist.

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Police may soon be able to conduct roadside testing for impaired driving due to Marijuana and numerous other drugs.

Currently, drug and Marijuana DUI can only be detected in a driver’s blood stream through chemical testing such as DUI blood or urine tests. These methods are intrusive, and sometimes take weeks for the results to be processed.

The new hand-held drug DUI detection device was designed by scientists in Sweden and known as “SensAbues”. It works much like an alcohol breath test which requires the subject to breath into a mouthpiece to enable the filtration and entrapment of certain particles to be examined by police.

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Some studies show that an estimated 15 to 33 percent of fatal crashes may involve drowsy driving.

In a recent survey reported by the National Centers for Disease Control (CDC) and the Institute of Medicine on average, an alarming 5% of respondents reported falling asleep at the wheel, 30 days prior to the survey.

Drowsy Driving is often mistaken for alcohol or drug related DUI resulting in arrest. This is due to the fact that signs of alcohol or drug impaired driving, and drowsy driving share similar characteristics. These signs include but are not limited to slower reaction time; reduced attentiveness behind the wheel; and impaired decision making skills. All of these can lead to serious and fatal accidents or mistaken alcohol or drug impairments.