On November 20, 2015, the Supreme Court of Arizona decided Dobson v. McClennen (P.3d, 2015 WL 7353847, Arizona Supreme Court 2015). The decision has important implications for individuals that use medical marijuana and might have THC or its metabolite in their system but drive at a time when they are not impaired.…
Arizona DUI & Criminal Defense Attorney Blog
Why the New Ban on Texting and Driving in Tempe May Lead to More DUI Arrests This Halloween
Plus 3 Safety Tips for Drivers to Begin Your Year-End Holiday Festivities This holiday season we wish to remind Arizona drivers that the new ban on Texting and Driving in Tempe AZ is in effect. Tempe joined Phoenix, AZ, and several other cities to ban texting and driving with…
The Rise of Flakka: Criminal Defenses for Flakka and other Synthetic Drug Charges
Four defenses used to challenge flakka and other synthetic drug charges in Arizona; laws, penalties; and what you need to know about Flakka. Each day we are learning more about the deadly effects of the new street drug “flakka” – a drug described as being so dangerous, that even dealers…
Underage Drinking & DUI Safety Guide for Deadliest Driving Day of Year
♦ Little-known facts revealed, and why they matter.♦ “Underage Drinkers at Highest Risk of Fatal Accidents, Arrests – New Studies Find Links between Youth Alcohol Abuse, Learning Disabilities and Long-Term Brain Impairments.” Over the last decade the National Safety Council (NSC), and The National Highway Traffic and Safety Administration (NHTSA)…
AZ Supreme Court: No Additional Requirement under for Police to Rule out Innocent Driver Conduct
“Though non-criminal explanations for a driver’s conduct might exist, there is no additional requirement [under the Fourth Amendment] that the investigating officer expressly rule them out.” Many criminal cases start with a traffic stop by police. However, police and law enforcement officers are not allowed to simply pull drivers over…
5 Myths v. Facts about DUI, BAC, Alcohol, and Drugs in Arizona
“Arizona DUI enforcement, Impaired Driving Facts and Statistics, Criminal Defense for DUI Charges” Phoenix and East Valley DUI Enforcement over Memorial Day Weekend The Arizona Department of Highway Safety (DPS) announced its plans to conduct a statewide highway-safety campaign. The “Safety Team” is composed of Arizona DPS, the Governor’s Office…
James Novak, Attorney Rated 10.0 “Superb” on AVVO
Consumer 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.…
AZ Supreme Court: Probationers can use Medical Marijuana under Protections of AMMA
“Probation is a privilege that cannot be denied under AMMA; Penalties & criminal defense for probation violations.” Nearly 5 years after the passing of Arizona Medical Marijuana Act (AMMA) the Arizona Supreme Court heard two cases involving denial of the privilege of qualified patients to use marijuana. The Arizona Supreme…
Heroin’s Death Row: How Families, Arizona, & the Nation are dealing with Fatalities in Epidemic Proportions
How to identify signs and symptoms of use and abuse; New National CDC statistics; Narcan lifesaving drug legislation; Arizona heroin laws, penalties, and criminal defense. Tragedy Strikes Home: “This Drug Wants to Kill You”23-year-old suspect stood before a district court judge after his first arrest the night before, on heroin…
No Love “Molly”: Challenges facing Arizona and Federal Authorities in Regulating Synthetic Drugs
Ongoing Efforts by States and Federal Officials to ban synthetic drugs; Trends; Dangers of synthetic drugs; Arizona imitation drug laws, penalties and consequences. “Molly” isn’t the new kid on the block. She’s been reigning terror on high school, college campuses, nightclubs, concerts, streets and the social scene for decades. “Molly”…