James E. Novak
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Extreme & Aggravated DUI on Priority Arrest List; but all Impaired Drivers at Risk

The Arizona Department of Public Safety announced today that it expects heavy travel traffic in the state this week.  Officers will be looking out for motorists driving impaired due to drugs or alcohol, distracted, drowsy, and impatient driving. History reveals that these factors result in arrests, and have proven to cause serious injury and deadly crashes.

During the winter months, the state of Arizona draws many visitors for its warm sunny weather, to visit family and friends, and to enjoy the many outdoor activities and attractions our sunny state has to offer. This is particularly true around the holidays.

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An Overview of the Role, Purpose, and Processes of Grand Juries in the Criminal Justice System.

Police Involved in Deadly Shooting in Phoenix, AZ

Tragedy struck home in Phoenix AZ, last week, resulting in the eruption of protests here in the valley.  This, following reports of another fatal officer involved shooting of an unarmed suspect.

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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.

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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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