James E. Novak
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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.

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A Comprehensive Overview: Arizona Marijuana laws, Mandatory Minimum Drug Sentencing, and Impacts on Society. 

Drug Conviction Results in Sentencing Typically Reserved for Murder

John was accused of a first-time, non-violent drug offense.  He had no prior criminal record, no evidence of drug abuse, and no prior drug convictions.

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“Patient-to-patient sales and transfers were never intended under the law.  Why it’s no longer being prosecuted”.   

On-Line Marijuana Purchase Turns Deadly

Recently in Arizona, an incident involving an online Medical Marijuana sale went tragically wrong, and resulted in a shooting death. A 19 year old man answered a Craigslist advertisement from a seller, age 54.  The parties arranged for a meeting to conduct the transaction.

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74 percent of young persons consider their parents to be the greatest influencers in their lives.

Resource Article – Part 2 of 2   

We start this article with a quote:  “The supreme art of war is to subdue the enemy without fighting.” – The Art of War

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No parent is ever fully prepared for a call from their son or daughter from jail following an arrest. The question all parents ask is “What now?”  This is where you start.

Resource Article: 1 of 2 Parts: Arizona’s Trends, Arrests, Laws; Consequences; and criminal defense

On March 30, 2013, an 18-year-old Tempe ASU student fell to her death from a ten-story apartment building. She had just returned from an “all you can drink” party at an off-campus, now-banned fraternity house. Security video footage showed Naomi walking the halls of the apartment stumbling and unable to steady balance after she left the party, where friends say she was drinking heavily. Security cameras from outside the building revealed Naomi straddling the 10th story balcony railing before falling to her death. It is not known whether she fell accidentally or intended to take her life. All we know is that she died that day.

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Appeals Court says to prosecute public drunkenness, violates legislature’s decision to treat alcoholism and substance abuse as a disease, not a crime.

Appeals Court Decision: State of Arizona v. David Harold Cole 

On Monday May 5, 2014 an Arizona Appeals Court ruled unanimously on State of Arizona v. David Harold Coles, deciding that being drunk in public was not a crime. The Arizona Court of Appeals Division One overturned a criminal conviction resulting from violation of a Scottsdale AZ municipal ordinance, making it a crime to be “incapacitated in public” due to alcohol.

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Heroin: Fighting the Epidemic and Clearing its Path of Destruction – Part 2 of 2

After a fatal drug overdose, moments count. Call #911 first. Get emergency treatment. If you are arrested, or Criminal Charges are brought, they can be defended by an experienced drug defense attorney. But you only get once chance to save a life.

Twenty-year-old Stephen Cardiges of Lawrenceville, GA was a week from celebrating his 21st birthday. He was an Eagle Scout, excited about his plans to join the US Navy after turning 21.  Stephan slipped into unconsciousness in the back of a Honda Civic, from a Heroin overdose, while his friends drove around town. His companions knew he was unconscious but didn’t want to call #911 or seeking help for him. Why? The reason was, they feared arrested for possession and use of Heroin. Perhaps they thought he would wake up on his own. Nonetheless, after a while, Stephen’s friends allegedly left Stephen there unconscious, in the back of the parked vehicle while they went their separate ways.

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Often people don’t seek emergency medical treatment for themselves or others following a potentially fatal overdose of heroin, for fear of arrest or prosecution. But the greatest threat is not criminal charges, its fatality.

Combating the Heroin Epidemic:  7 Heroin Facts; Statistics; Prevention and Treatment

According to the National Centers for Disease Control (CDC), overdoses of drugs in the USA have tripled during the last 25 years and are now the Number 1 cause of deaths. In 2010, they reported 38,329 overdose deaths in the U.S.A, and according to other reports, these numbers continue to rise in epidemic proportions. Accidental overdoses now exceed auto accident fatalities, in adults aged 25 to 64.

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Arizona DUI Arrest Statistics

In looking back over the last six years of DUI arrest statistics released by the Arizona Governor’s Office on Highway Safety (AGOHS), we see an alarming trend in DUI arrests with Blood Alcohol Content (BAC) at the “Extreme” levels, which is 0.15 percent or higher. In 2008, 2009, 2010, 2011, 2012, and 2013 the average Blood Alcohol Content has been over 0.152 percent. Initial reports released for the first quarter of 2014 are showing relentlessness in this trend. Drinking in excess of the extreme impaired driving laws has evidently become the norm, rather than the exception.

The legal limit for driving under the influence of alcohol in Arizona is 0.08 percent. However, a motorist may still be arrested if they are driving under the influence with a BAC lower than 0.08 percent if they are found to be driving or in actual physical control of a vehicle while “impaired to the slightest degree”.Extreme DUI BAC in Arizona is .015 percent; and Super Extreme BAC is .020 percent or greater.

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Safety Messages; and Overview of Impaired Driving Laws and Penalties in Arizona  

One of America’s most popular days of the year for sports, Super Bowl Sunday, is also one of the most dangerous.  This is due to the incidents of impaired driving, and other crimes that historically increase on game day including under age 21 drinking, assaults, disorderly conduct and domestic violence.

Advertising for liquor specials, great places to eat, have fun, and watch the game are everywhere.  But as a criminal defense attorney, dealing with the aftermath of a DUI and criminal arrests every day, I see the consequences it has on those who have been arrested and their families, as well as victims and their  families.  To make sure you have fun, and your event or celebration ends safely, I urge everyone not to let the excitement and festivities distract you from making wise judgment decisions.   You can do this by planning ahead for a ride home; knowing your limits even if you are not driving; and looking out for others safety as well as your own.

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

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