James E. Novak
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Convictions result in life altering criminal and collateral consequences for offenders.

The search resumes for missing 19 year old ASU student who disappeared during what he previously described to his family as “hell week” for initiation into a fraternity. He was last seen at Tempe Marketplace 11:00 pm on November 30, 2012, after attending an event held by a fraternity for which he was pledging.

Tempe police have tenaciously conducted ground and lake searches; used K-9 units; surveillance video; interviews with friends, class mates and followed many leads, in desperate attempts to find the missing college student.

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DUI Breath Test Laws:  Despite rules and regulations DUI breath tests results may prove to be inaccurate or invalid 

Arizona Laws Governing DUI Breath Tests  

Under A.R.S. 28-1324 the Director of the Department of Public Services (DPS) is responsible for adopting regulations for methods, and procedures for administering DUI breath tests.

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When the primary DUI evidence is found to be inaccurate, this often leads to dismissal of charges.

People often ask “Which is more reliable, a DUI blood test or breath test?”   But the fact is, that inaccuracies can result from both types of testing.   In an effort to increase the accuracies of testing,  rules and methods are in place in Arizona, with regard to administering the DUI Breath Tests.   But despite these laws,  all tests are subject to human errors in administration and equipment errors.

These rules include creating, and maintaining quality assurance programs.  The program requires that breath test machines to be calibrated and regularly checked to make sure they are functioning properly, and reading within certain blood alcohol concentration ( BAC) accuracy limits.   Regular maintenance and calibration checks must also following guidelines such as be completed about a month apart. More comprehensive quality check-ups must be completed about every 3 months.   Other procedures include making sure the breath test operators are properly trained and licensed to administer the breath tests.

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10 factors that can result in insufficiency of DUI blood samples

DUI Blood evidence is considered by many to be more reliable than a breath test.  However, that is not always the case.  Questions of validity may still surround any forensic evidence, and should be evaluated for admissibility in court, by the prosecutions and the defense.  They should never be taken at face value without proper validation of the results.

Confirming a suspect’s Blood Alcohol Content (BAC) levels is critical in the State’s ability to prosecute a DUI.  The same is true for evaluating the existence of drugs in a person’s systems that are capable of causing driver impairment to the slightest degree.

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Road rage is prosecuted as a criminal offense in Arizona  

The National Highway Safety Administration (NHTSA) as driving that markedly exceeds the normal safety driving behaviors. It consists of driving that affects other motorists and their passengers and places them in unnecessary danger.

Law enforcement agencies recognize it as driving that includes unsafe moving traffic violations that endanger others or their property.

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Police increase ability to find locations where shots were fired from; and apprehending suspects responsible for firing the shots.   

Arizona Weapons Crimes

A party in a Phoenix AZ neighborhood quickly ended with gunshots fired and resulting injuries around 2:00 a.m. November 17, 2012. At least 3 people were injured after about 2 dozen shots were fired.  No known arrests were made, but two weapons were found at the scene, by police.

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AZ Drug Recognition Program Earns National Recognition for Success in Identifying Drug Impaired Drivers

Many Police Officers in Maricopa County are trained in drug recognition and evaluation. This intense and specialized training allows them to distinguish between drug impaired drivers from medically impaired drivers. Symptoms are often similar or the same in both situations.

Qualifications to Participate in DRE

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Why Resisting Arrest is a Bad Idea

This week we in the news, an Arizona motorist was stopped and investigated by police for driving impaired due to alcohol or drugs. The suspect allegedly became angry at the line of questioning taking place during the stop. He then allegedly initiated punched one of the officers in the face, and began a physical altercation at the scene with two additional police officers.

All three officers required medical treatment for injuries that included a fractured wrist, contusions, abrasions and a concussion. The suspect was eventually restrained with a Taser gun.

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Felons can no longer sue victims

Arizona voters passed Proposition 114, as expected, by an overwhelming 80% margin. The Arizona Constitution will be amended to abolish the right of aggressors to sue their victims if they are harmed in the process of committing a felony offense. There was little opposition, and no formal organized arguments “against” the measure prior to the election.

The constitution previously allowed for an unrestricted right of a person to sue another if they were harmed or injured by the person or property owner. However, this enabled some criminal offenders to sue their victims.

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The Maricopa County Attorney’s office recently issued a press release about Maricopa County Prosecutors preparing to receive some of the most advance training available, to enhance prosecution of drug impaired drivers.

Drug DUI charges now constitute almost half of DUI charges. It is also reported that drug impaired drivers make up about 50% of all drivers involved in fatal crashes and serious motor vehicle accidents.

The officers will be sent for a week long course taught by internationally recognized experts in a variety of fields related to Drug effects and DUI impairments. Subjects will include:

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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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