In a recent case before an Arizona court of appeals, the defendant asked the court to reconsider her convictions for manslaughter, aggravated assault, criminal damage, and aggravated DUI. On appeal, the defendant argued that the evidence presented at trial was insufficient to support the convictions, and, thus, that her guilty verdict should be vacated. After
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Officers to Ramp Up DUIs Around 2022 Holiday Season
By James E. Novak & P.L.L.C.
At the Law Office of James E. Novak, part of our job is to meet with clients in moments of crisis and figure out how to craft a winning legal strategy that will meet their needs. Too often, we speak with clients who are facing DUI charges that could have been avoided. Roadways and highways…
Arizona Court Sides with Criminal Defendant in Extreme DUI Case
By James E. Novak & P.L.L.C.
Earlier this month, an Arizona court of appeals had to decide how an early-release statute would apply to a defendant that could not actually obey the statute given her specific situation. In the case before the court, an individual had been convicted of extreme driving under the influence. The early-release statute in question says that…
Defendant in Arizona DUI Case Fails to Convince Court that Evidence was Improperly Excluded at Trial
By James E. Novak & P.L.L.C.
Earlier this month, an appeals court in Arizona considered whether a criminal defendant that had caused a deadly accident was indeed guilty of homicide and aggravated assault. Originally, the defendant was convicted after his truck collided with an ATV while he was under the influence. Despite the defendant’s argument on appeal that the trial court…
Refusing a Breath Test on the Road: What Are My Rights in Arizona?
By James E. Novak & P.L.L.C.
In our practice, we often meet with clients who are not familiar with their rights when pulled over by a police officer. Because officers will be more attentive and aggressive during the upcoming holiday season, it is especially important to learn the relevant laws so that you can know exactly what to say and do…
Arizona Court Denies Defendant’s Appeal but Reduces His Sentence in DUI Case
By James E. Novak & P.L.L.C.
In a recent opinion coming out of an Arizona court, the defendant’s appeal of his aggravated DUI conviction was denied. The court found no reason to reverse the jury’s guilty verdict; they did, however, notice that the defendant’s sentence was calculated incorrectly and that he should have been given less time in prison. Because of…
Arizona Court Denies Defendant’s Appeal in DUI Case, Despite Argument that Counsel was Ineffective
By James E. Novak & P.L.L.C.
Recently, an Arizona court ruled on a defendant’s appeal in a case involving charges of driving under the influence and leaving the scene of an accident. On appeal, the defendant argued that his lawyer was ineffective in the lower court proceedings and that he was not given a fair chance to litigate his case. The…
Court Sides with Defendant in Aggravated DUI Case
By James E. Novak & P.L.L.C.
Recently, an Arizona court addressed the State’s appeal in a case involving aggravated and extreme aggravated driving under the influence. On appeal, the State argued that the lower court should not have allowed the defendant to be granted an early end to her probation. Looking at the text of the statute involved, the court disagreed…
Know Your Rights: Implied Consent and Suspected DUIs in Arizona
By James E. Novak & P.L.L.C.
Too often in our practice, we meet with clients that are not aware of their rights when on the road in Arizona. If a police officer pulls you over for suspected driving under the influence, there are laws that are important to know and remember as you interact with the officer. Perhaps most importantly, Arizona’s…
Arizona Defendant Loses Appeal in Negligent Homicide Case Stemming from DUI Accident
By James E. Novak & P.L.L.C.
In a recent case coming out of an Arizona court, the defendant appealed his convictions for negligent homicide, endangerment, criminal damage, and driving under the influence. On appeal, the defendant brought forth several arguments, one of which was that the trial court improperly excluded evidence that could have swayed the jury in his favor. The…