James E. Novak
Published on:

By

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. Jokingly called the “Driving While a Habitual User of Marijuana,” these prosecutions are no joke.

Although the responsible use of cannabis for medical purposes has largely been decriminalized in Arizona, prior to this decision the DUI laws effectively made it a crime to drive as a medical marijuana patient (even after the impairing effects faded and disappeared). In other words, using medical marijuana should not automatically be a DUI when there was no actual impairment at the time of driving.

The decision in Dobson v. McClennen didn’t make either side happy. The defense wanted a ruling that Medical Marijuana Patients were immune from the “per se” version of DUI under § 28–1381(A)(3). On the other hand, the prosecution wanted a ruling that a positive blood test meant an automatic “per se” DUI conviction under § 28–1381(A)(3). The Court rejected both positions and came up with a middle ground that leaves many of the complicated issues surrounding driving after consuming medical marijuana unresolved.

Continue reading →
Published on:

By

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 what is being called the toughest law in the State.

Police will be on the lookout for drivers with cell phones in their hands.

Continue reading →
Published on:

By

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 and those suffering from drug addictions are afraid to use it.

The DEA reported an alarming 780 percent increase in cases over the last three years, largely due to its affordability and accessibility.

Continue reading →
Published on:

By

♦ 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.

Continue reading →
Published on:

By

“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  

Continue reading →
Published on:

By

“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).

Continue reading →
Published on:

By

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

Continue reading →
Published on:

By

“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 Court held that a condition included in terms of their probation that denies Registered Qualified Patients the right to use medical marijuana is invalid and unenforceable.

Continue reading →
Published on:

By

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 possession charges.

The young man made an impression on the judge that he would not soon forget.

Continue reading →
Published on:

By

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” is simply “Ecstasy” in disguise and more dangerous.  She can be deadly even in her purest form.  But with the age of new synthetic drugs and their combinations, she has become more lethal than ever before.

Recently, we learned of 11 people that required hospitalization at a Northwest college for an overdose of synthetic drug “Molly,” a more refined version of MDMA (3,4-methylenedioxy-methamphetamine).

So far there have been four arrests of other students on campus, for synthetic drug possession and intent to sell, by police as authorities attempt to find the source of the drugs in this incident.

The hospitalizations and medical incidents resulting from use of “Molly” were reportedly not first of their kind this year. Health officials reported last fall, a campus-wide email was sent to students alerting them that other students had recently been hospitalized as a result of synthetic drug use.

Article Overview

In this article we will discuss important topics related to imitation drugs; their dangers, drugs; state and federal efforts to ban synthetic drugs; trends; other injuries caused as a result of their use; and Arizona synthetic drug laws, penalties, and other consequences.

One such consequence is the need for criminal defense. A majority of this article has been dedicated to raising awareness, providing education and resources particularly with regard to the deadly health dangers of “Molly”, “bath salts”, imitation Marijuana and other synthetic drugs. In addition to the health dangers of synthetic drugs, is the high risk of criminal liability that exists as a result of using them. Continue reading →

Contact Information
Law Office of James Novak, PLLC
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Phone: (480) 413-1499Text: (602) 908-8123

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2017 – 2025, The Law Office of James E. Novak
JUSTIA Law Firm Blog Design