Articles Posted in Arizona DUI Defense

Published on:

♦ 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) have reported Independence day and the New Year Holiday as being the deadliest driving days of the year.

Published on:

“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 arbitrarily.  To make a stop, police must have reasonable suspicion that a crime has occurred or is in progress. In a recent Arizona Supreme Court decision the Justices examined the reasonable suspicion standard.  The ruling in the case, released June 4, 2015, found that “reasonable suspicion” does not entail officers being required to eliminate possible innocent explanations for suspicious behavior.

Overview and Case Summary  

Published on:

“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 of Highway Safety (GOHS), and Arizona Department of Transportation (ADOT).

Published on:

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.

AVVO Rating System

Published on:

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

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.

Published on:

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

The CDC reports that excessive drinking was responsible for 88,000 deaths in 2013.   Binge drinking leads to extraordinarily high levels of Blood-Alcohol Content (BAC) at or above .08 percent BAC during a short period of time. It is defined by the National Institute on Alcohol Abuse and Alcoholism as drinking 4 or 5 alcoholic beverages within about 2 hours.

Published on:

Qualified Medical Marijuana Users Remain at Risk of DUI Prosecution.

Authorized 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.

Arizona voters approved medical marijuana November 2010. The state law allows people with doctor approval to apply for a medical marijuana card. Patients must have at least one qualifying condition, such as cancer or glaucoma, to legally receive the substance.

Published on:

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.

Published on:

“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.

Published on:

“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.