February 2010 Archives

February 28, 2010

Phoenix Arizona DUI Attorneys

Many Arizona DUI & Criminal Defense attorneys offer a Free Consultation for those who need legal help for their Arizona DUI or criminal charges.

A Free Consultation provides advantages to both the Arizona DUI Attorney and the potential client. This is a forum for an exchange of facts and information. It should be a discussion to assist in helping the client with the direction of their case. Think of it as a compass - not a map. The consultation is simply a place for you to start, not legal representation by an Arizona criminal lawyer for your case. It should provide you with some piece of mind as to your options for your Arizona DUI or Criminal matter.

Here are 6 important facts you need to know before your free consultation:

  • Ask to speak directly with an Attorney, not a sales representative of the Law Firm. If you are denied this request, it may be best to call another Arizona DUI or criminal defense lawyer.
  • The free consultation can be provided either by phone or in person at the discretion of the attorney, and is usually agreed upon by both parties depending on the facts.
  • Take this opportunity to find out about the Arizona criminal and DUI attorney's credentials, experience, education & training. Ask about what to expect with regard to process of your AZ Criminal or AZ DUI charges, concerning issues, possible defenses, time lines, and what the attorney's fee will be if you choose to hire him/her.
  • The Attorney should let you know if the facts and charges are such that you do not need to hire an attorney to defend your case. If you still wish to retain, at least you have been informed.
  • Do not tolerate "scare tactics" or "pressure". If you start feeling uncomfortable, or disrespected in any way, politely say "thanks, but no thanks" and move on.
  • Be cautious of Attorneys who guarantee an outcome. No attorney has a crystal ball. An attorney should never guarantee they can get your case dismissed. Such claims only serve to give you false hope. In that event, you should consult another attorney.

Phoenix DUI Lawyer

James Novak is a former prosecutor, experienced in criminal defense and DUI defense litigation. If you have been charged with an Arizona DUI or Criminal matter, the Law Office of James Novak at (480) 413-1499. He provides a Free Consultation personally for your Arizona Criminal or DUI case.

February 27, 2010

Phoenix DUI Lawyers

Most Phoenix Arizona DUI attorneys advertise that they will provide "a Free Consultation" for your Arizona Criminal or DUI charges. You wonder "what's the catch"? Most Criminal & DUI Defense Attorneys have moved to provide a Free Consultation to potential clients who have been charged with criminal or DUI offenses to remain competitive in the marketplace.

In the past, many DUI and criminal defense attorneys previously charged for this service. However, the trend moved for the Attorneys to provide a Free Consultation to potential clients. Those that continued to charge recognized that Arizona DUI & Criminal attorneys, that provided Free Consultations, converted to paid clients. In other words, the potential clients ended up hiring that attorney For their Arizona DUI & Criminal Charges. Hence, "the early bird gets the worm".

Today, you will still find an Arizona Criminal and DUI defense attorneys charging for this service. I hear horror stories occasionally by people who contact me for a Free Consultation. They tell me they paid $500.00 to $800.00 for the Attorney to sit and listen to them for thirty minutes. After the consultation they owed $800.00, and had no legal representation. Then they were back where they started.

The same thing goes for "jail visits" or "review of a police report". Some Attorneys will charge "A' la carte" upwards of $800.00 or $1,800.00 for the two services. But is that equitable for you? With all due respect to my peers, I am not saying it is wrong for an Arizona Criminal and DUI Attorney to charge that way. It's just different. It'd an individual business decision that any Law Firm has the right to make. Also, it should not be construed as a reflection on their ethics or defense effectiveness.

The fact is, however, that you do not have to pay for Free Consultations for your Arizona Criminal or DUI charges. You do not have to pay A' la carte for services. There are hundreds of Arizona criminal and DUI defense attorneys who do provide Free Consultation with no strings attached, and who charge one flat fee for their pre-trial services.

Phoenix DUI Lawyers

If you have been charged with an Arizona DUI or Criminal Charge call the Law Office of James Novak now for your Free Consultation with James Novak, Criminal & DUI Defense Attorney at (480) 413-1499. Experienced Defense Attorney and Former Prosecutor, James Novak Novak defends DUI & Criminal Cases exclusively. He charges only one flat Affordable Fees for retention of full legal
all of his pre-trial legal services.

February 26, 2010

Phoenix Underage Drinking Attorney

In Arizona "Zero Tolerance" DUI laws apply to underage drinking and driving. It is called "Underage Driving Under the Influence" an Arizona DUI charge. In this event, you (under age 21) or your child could be charged and convicted of a criminal offense, if found to have consumed any amount of alcohol.

In contrast, one of the criteria for charging an Adult with DUI, is for the adult, age 21 or older, to have a blood-alcohol content (BAC) of .08 or greater. But minors and young adults (up to age 21) can be charged with DUI for having any alcohol in their system (.01 BAC). This is the case even no physical signs of impairment exist. The Arizona DUI charge may stand alone, or it may be combined with other Arizona DUI charges depending on the circumstances of the case.

Arizona Underage DUI Law: ARS 4-244(34): Underage Driving Under the Influence

In Arizona it is illegal: 34. For a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body.
In Arizona the penalties for under 21 DUI are just as severe as those for adults with a BAC of .08% or greater, include:

  • Up to 2 year license suspension
  • Jail sentence
  • Fines and court fees
  • Community service
  • Probation
  • Alcohol education/rehabilitation/counseling

Mistakes happen. Give your child a second chance, and a fresh start by calling James Novak, DUI & Criminal Defense Attorney. As a Former Prosecutor, and Arizona underage DUI lawyer I can negotiate on your child's behalf. Depending on the situation and case circumstances, I may be able to obtain a dismissal of the Arizona Underage DUI charges in exchange for treatment and counseling.

I am experienced at protecting the rights of minors in alcohol offenses, and I work to ensure that any punishment has the least possible impact on their lives and future. Consult a Phoenix, Arizona Underage DUI Lawyer, if you or your child are under 21 years of age and have been criminally charged with an Arizona alcohol-related offense, or any DUI or criminal charge. James Novak will provide a free consultation and speak with you personally regarding your case. Call today (480) 413-1499!

February 25, 2010

Your desire to find the best Phoenix, Arizona DUI lawyer for you is a very important process. There are advantages and disadvantages to both. Bigger is not always better when it comes to an Arizona DUI attorney. A higher price does not always mean better legal representation. Ultimately it boils down to your comfort level, and who you feel can get best outcome of your case. Here are some "W" questions to help you make a decision:

Who? What? Will? Which?

Who exactly from the Law Firm will be handling your DUI case from start to finish? Say you met with the Owner of the Law firm for a Free Consultation. Does that Attorney plan to handle your case personally or an associate attorney of the firm whom you have never met?

What training, education and experience does the Attorney have who will be handling your case? Any Arizona DUI charge is a serious offense, whether it is a felony or misdemeanor. Arizona has the toughest DUI laws in the Country. You need a strong and experienced Arizona DUI attorney who understands the laws, defenses and has spent a lot of time on the inside of the court room defending DUI and Criminal cases. A former prosecutor in the jurisdiction for which you have been charged, will have a wealth of experience and familiarity with the laws, and system to bring to the table.

What areas of law does the attorney handling your case practice in? Do they defend DUI and criminal Cases exclusively? Or do they handle a variety of different areas of law practice such as bankruptcy, personal injury, tax law or other area?. An Arizona DUI lawyer who practices exclusively in DUI and Criminal Defense on a daily basis will be up-to-date on current and every changing Arizona laws, and court cases. Just one recent existing court case can make a difference in your DUI matter toward a better outcome, even a possible dismissal.

Which attorney will show up with you or on your behalf to court? With a larger firm you may get shifted around to different attorneys. Make sure you know who exactly in that Firm will take responsibility for defending your DUI Charge? How will you know someone cares for your Arizona DUI charge and provide a solid Phoenix DUI defense if you are getting your attorney re-assigned for every court date?

Will your calls for status or help to the Attorney be screened by a third party? How often will they be available to take your calls, answer your questions, or make time to meet with about your case if you have pressing concerns to discuss.

If you have been charged with an Arizona DUI, call the Law Office of James Novak for a Free Consultation with experienced DUI and Criminal Defense Attorney James Novak at (480) 413-1499.

February 24, 2010

You can increase your chances of finding the best Phoenix, Arizona DUI attorney, right for you. No official Arizona Attorney governing agencies have the answer to this. To the contrary, they frown upon attorneys making such claims or using descriptive words in advertisement, such as "the best DUI attorney" or "top defense lawyer. ". So should a DUI Attorney claim to be the best Arizona DUI lawyer, this should be a red flag. Don't walk; run, the other way...

Instead, here are some realistic factors to consider when making your choice:

  • Does the Arizona DUI lawyer have experience in the court for which you must appear? The Arizona DUI attorney's familiarity with that judge, prosecution, court system, and policies can make the difference between a good outcome and a great outcome such as a dismissal of your Arizona DUI.

  • Does the Law Firm or Attorney handle Arizona DUI and Criminal Defense cases exclusively? Some attorneys practice in a variety of different areas other than DUI, for example injury or bankruptcy. An Arizona DUI attorney who handles DUI & Criminal Defense cases exclusively, will most likely be up-to-date current laws and court decisions, which could affect the outcome of your case.

  • Who will actually handle your case from start to finish from the firm you select? Did you meet with them prior to the first court appearance? You should become informed or otherwise familiar with the Arizona DUI attorney who will be handling your case. This includes hearings, meetings, telephone calls, updates, gathering, examining evidence, and preparing your case for conference or trial. Open communication and understanding by both you and your attorney of the facts, could impact the outcome of your case. It is your Attorney's job to examine all the facts, and educate the prosecution, judge, and jury as to these facts, your side of the story and defense.

  • There's no better referral than an experienced referral from friends, family, or neighbors who have used the DUI attorney in the past. You want to make sure the referral is objective and trustworthy.


    The Law Office of James Novak
    exclusively defends Arizona DUI & Criminal Cases. If you have been charged with an Arizona DUI call (480) 413-1499 for your Free consultation with James Novak.

February 23, 2010

Aggravated DUI principle factor is not the blood alcohol level (BAC) such as 0.08 or 0.15. The Arizona aggravated DUI main component relates to the factors that convert it from an Arizona Misdemeanor DUI to an Arizona Felony DUI. Here, we examine the additional aggravating factor of having a child under age 15 in your car while you were driving while under the influence.

You could be convicted of a felony and have a criminal record if you drive drunk (impaired) in Arizona and have a child under age 15 in your car. This applies even if you have never had any prior DUI convictions and your record has been clear up to this event.

Arizona felony aggravated DUI penalties typically include incarceration in jail or state prison, fines and fees, community service, probation, counseling, a mandatory 3 year revocation of your driver's license, and other punishments.

If there is a child under age 15 in your vehicle and you are charged with an Arizona DUI, you will most likely be charged with a felony. Some prosecutor's and may even charge you with an endangerment criminal offense or with child abuse. This is discretionary and depends on the facts of your case.

An Arizona felony is a very serious criminal charge. A felony conviction has implications that may include getting fired from your job, or inability to get a job, unpleasant visit from Arizona Child Protective Services, credit or housing screening issues, and the troubles will mount. A felony conviction can haunt you for years in the future.

Remember the prosecution wants to stack the cards against you. You need a strong and experienced Arizona DUI Lawyer to defend you. If you have been charged with an Arizona Felony DUI call James Novak an experienced Criminal and DUI lawyer now at (480) 413-1499. He will provide you with FREE consultation and begin work on your case immediately upon retention.

Arizona Laws
28-1383. Aggravated driving or actual physical control while under the influence; violation; classification; definition.

A. A person is guilty of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs if the person does any of the following:

3. While a person under fifteen years of age is in the vehicle, commits a violation of either:

(a) Arizona Revised Statute Section 28-1381.
(b) Arizona Revised Statute Section 28-1382.

February 22, 2010

Many don't realize there is a difference. In Arizona both Arizona DUI and Arizona DWI charges are serious offenses. They both carry similar DUI penalties that include jail, fines, counseling, and ignition interlock device, and other punishments. It is when you get charged with an Arizona Extreme DWI that the mandatory minimum Arizona DUI penalties increase. Here's a breakdown defined:

  • DUI (A.R.S. §28-1381 (A)(1)) Driving Under the Influence of intoxicating liquor (or drugs).
  • DWI (A.R.S. §28-1381 (A)(2)) Driving with a Blood Alcohol Content (BAC) of 0.08% or greater within two hours of driving.
  • EXTREME DWI (A.R.S. §28-1382) Driving with a Blood Alcohol Content (BAC) of 0.15% or greater within two hours of driving.
  • SUPER EXTREME DWI (A.R.S. §28-1382(D)(1)) Driving with a Blood Alcohol Concentration of 0.20% or greater within two hours of driving.

The Arizona DUI Lawyer you choose to defend you against the DUI charges will explain that the key to your defense is to understand the difference between these charges
The DUI charge ((A.R.S. §28-1381 (A)(1)), by itself, does not require a breath reading or blood results. The prosecution can proceed with evidence of impaired driving based on the manner of driving, physical characteristics of impairment, field sobriety tests, and admissions to drinking.

The Arizona DWI charge of 0.08 (A.R.S. §28-1381 (A)(2)), including the Extreme DWI 0.15 or greater, and the Super Extreme DWI, 0.20 or greater, does require the driver to have a Blood Alcohol Content (BAC) at that level or higher "within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle."

One defense is that your level was not at that level at the time of driving due to a possible defense known as "retrograde extrapolation". If it can be shown that your BAC was below the legal limit, then you may not have been driving illegally according to the Arizona DUI laws. Other defenses may include operation of testing equipment, operator error, time of blood draw, method and procedure of breath test, etc.

This is important to evaluate because a conviction at the higher level will force the judge to impose a harsher sentence including more jail and higher fines and fees. The police and prosecutors get many chances at getting a conviction. They are there to prosecute not to defend. Call James Novak for your FREE consultation with an Arizona DUI lawyer. 413-413-1499.


February 22, 2010

How many ways can I say YES?! Arizona has some of toughest laws in the United States. Any Arizona DUI is a serious offense. Even a first time misdemeanor DUI carries with it serious punishments. The severity increases more so, for a Felony DUI charge.

The Arizona DUI Laws have changed dramatically over the years. A person arrested today for a DUI (driving under the influence of alcohol and/or drugs) faces penalties that may include a fines, loss of drivers' license, incarceration, and other punishments. If you've been charged with any kind of DUI in Arizona, you need to consult an experienced Arizona DUI Attorney. Make sure your Arizona attorney is experienced and well versed in all current Arizona DUI laws, defenses, and the court system.

There are many facets of an Arizona DUI that must be examined including evidence that exists and begins the moment you see those police car headlights flashing in your rear view mirror. After the stop, you may then be asked to perform Arizona DUI field sobriety tests under both physically and emotionally challenging conditions. After the Arizona DUI arrest, you are then required to submit to a breath or blood test at the police station or in an Arizona DUI TASC Force DUI Van. In Arizona the breathalyzer test used by the police are not always accurate and at times highly unreliable. The police officer's training, handling, and procedures regarding the administration of the breathalyzer test equipment, including the reason for the stop, all convert to evidence. If you refuse to the test or if the police feel that you are not cooperating in the administration of the test than it could be considered a refusal and a warrant will be obtained and your blood can be drawn. All of this is evidence must be gathered and dissected by an experienced attorney. Your Attorney will then uses it to educate the prosecution, the judge and the jury, about your case and to exercise all possible Arizona DUI defenses allowed by Law.

In order to obtain the best outcome, you will need to hire an Arizona DUI attorney to fight your charges. James Novak of the Law Office of James Novak is an Arizona DUI Attorney. Don't Gamble with Your Future! Call Today (480) 413-1499!

February 21, 2010

An Arizona DUI has many different levels of charges including "Extreme DUI" and "Super Extreme DUI." Both of these Arizona DUI offenses are higher charges in relation to the range penalties associated with an Arizona Misdemeanor DUI offense. These or any DUI, for that matter in Arizona are very serious offenses.

First a word of caution...you should think twice before you decide to defend your DUI charges on your own. Arizona has the toughest DUI laws in the country and they are constantly changing. You should consult a well versed, experienced Arizona DUI Defense Attorney to defend your DUI charges. Currently the following explains differences between penalties including fines, fees, incarceration and other punishments associated with the two:

Arizona Extreme DUI
Getting charged with an extreme DUI in Phoenix or anywhere in Arizona you will face Extreme DUI charges if your blood alcohol concentration (BAC) is 0.15% or greater. At this point, the driver's ability to safely operate a vehicle is severely compromised.

A first time Arizona Extreme DUI is punishable by:

  • A 90-day driver's license suspension
  • Up to 5 years probation
  • 30 to 180 days in jail
  • Fines and fees
  • Mandatory participation in an alcohol treatment program
  • Installation of an ignition interlock device in any car that you drive

A second Arizona Extreme DUI conviction will result in even greater penalties, including:

  • A 1-year driver's license revocation
  • Up to 5 years probation
  • 60 days jail, 280 days total
  • Fines and fees
  • Mandatory participation in an alcohol treatment program
  • Installation of an ignition interlock device in any car that you drive

Arizona Super Extreme DUI
In Arizona you will get a Super Extreme DUI charge if you are found operating a vehicle with a BAC level of 0.20% or greater. This is the most serious misdemeanor Arizona DUI. A conviction results in much higher penalties, including:

  • Driver's license suspension/revocation
  • Up to 5 years probation
  • 45 days to 180 days in jail
  • Fines and fees
  • Mandatory participation in an alcohol treatment program
  • Installation of an ignition interlock device for 18 months

If you have received a second Super Extreme DUI, the penalties will be even greater including a mandatory 180 days in jail.

Contact a Phoenix DUI Attorney

If you have been charged with an Arizona Extreme DUI or Arizona Super Extreme DUI in Phoenix or any of the surrounding areas in including your Tempe DUI, Scottsdale DUI, Chandler DUI, Gilbert DUI, or Mesa DUI, call today to speak with an Arizona DUI attorney immediately. You will need an experienced Phoenix DUI lawyer, like James Novak, from the Law Office of James Novak to defend you against your Phoenix Arizona DUI charges. James Novak will fight to protect your future and your freedom!

For your FREE Consultation, contact James Novak today at (480) 413-1499!

February 20, 2010

Guy Drinking Bar - shutterstock_40585228_edited-1.jpgIn Phoenix Arizona, you can get an Arizona DUI, even if your blood alcohol content (BAC) is below 0.08? The 0.08 is only one of a number of measurable standards that can be used to justify charging someone with a Phoenix Arizona DUI. If you are stopped, and tested for a DUI, and your BAC is not 0.08 or greater, you can still be charged with an Arizona DUI. It's called being "Impaired to the Slightest Degree".

Any Arizona DUI Defense Attorney will tell you the same thing...that is, you can actually be charged with an Arizona DUI if you had no alcohol at all. Let's say, for example, you are stopped for a minor traffic violation and for some reason the police officer suspects you have had even one alcoholic beverage or have taken medication, prescribed legally by a physician or even some over the counter medications. You can still be tested and even charged with am Arizona DUI--a serious offense, if the police officer has reason to believe that a minor amount of alcohol or medication caused you to be slightly impaired while driving.

It can easily happen to anyone, anytime, anywhere. Don't allow the old adages, such as "I can handle my liquor" or "I won't get a DUI, I just had one drink", to give you a false sense of security, at least not in Arizona anyway. For more information and DUI videos visit http://www.azduilaws.com.And if you or someone you know has been charged with a DUI in Arizona, Call Phoenix DUI Attorney, James Novak at (480-413-1499) for your Free Consultation now!