Attorney Steven H. Fagan's Legal Cases

Criminal defense

Reckless in Chicago

Jul 16, 2013

OUTCOME: Supervision on the speeding ticket, no fine, independent community service - Reckless Driving and all else dismissed

Client was driving at nearly criminal speeds (anything 31 MPH over or more is criminal in Illinois, that wasn't just a cute joke). Changing lanes without signals. Tailgating. Cutting off other cars. An ... d told the officer he agreed that's what he was doing and would consider his driving reckless. The officer obliged our client's opinion and wrote every ticket he could think of, including a criminal Reckless Driving citation punishable by up to 364 days in jail.

DUI and DWI

People v DC

May 09, 2013

OUTCOME: Not guilty.

Our client had an auto accident, admitted smoking weed, and took all the officer's sobriety tests, including special tests just for drug detection. The officer charged our client with Failure to Redu ... ce Speed to Avoid an Accident and DUI drugs (cannabis).

DUI and DWI

People v MA (felony Aggravated DUI)

Aug 27, 2012

OUTCOME: Finding of no probable cause. All charges dismissed

MA is arrested for DUI after the police watched him crash into decorations on the side of the road. He took the breath test, resulting in a 0.158. MA also didn't have an Illinois driver's license, whic ... h excited the Chicago Police - a DUI while unlicensed is a felony! The police did determine that MA possessed a valid driver's license from a foreign country, and that he was a full-time college student in the USA. What they didn't know was that that exempts MA from having an Illinois driver's license. Hence no basis for felony enhancement. The Judge, like many attorneys and apparently police officers, had never heard of this exemption, but did the right thing and found there was no probable cause to hold the case as a felony. The prosecutor then dismissed all charges.

Criminal defense

People v MKK

Aug 03, 2012

OUTCOME: All charges dismissed

MKK was charged in Chicago with improper use of a motorcycle because of too many passengers. This led to multiple Class A misdemeanor criminal charges punishable by up to 364 days in jail. Those crimin ... al charges included Driving While Suspended, Unlawful Use of a Weapon, Possession of Drug Paraphernalia and finally, Possession of Cannabis. However, the officer was mistaken about one important detail. A dog is not a "passenger" under Illinois law, and we were able to achieve a dismissal of all charges.

DUI and DWI

People v M.Z.

Jul 26, 2012

OUTCOME: DUI Not Guilty at trial and suspension rescinded

Defendant driving while texting, then pulled over and arrested for DUI.

DUI and DWI

People v JF

Jul 24, 2012

OUTCOME: Not guilty. Suspension rescinded.

DUI trial. Our main witness was unavailable and at the last minute found a backup. JF had been working late with a couple of friends. Split a six-pack, and then went to visit his girlfriend in a hurry. ... After being stopped for speeding, JF took sobriety tests and was arrested for DUI in Chicago.

DUI and DWI

People v. SS (name withheld)

Jul 12, 2012

OUTCOME: Case dismissed. DL Suspension Rescinded.

SS made a bad mistake. He allowed someone to drive his car. After an accident causing injury to another, SS went to find help, and the driver disappeared. The police made SS out as the driver, and cha ... rged him with DUI, Leaving the Scene of an Injury Accident and more. The police weren't interested in hearing his explanation, they simply assumed he was the driver and arrested him.

Criminal defense

People v K.B. (name withheld)

Jan 11, 2012

OUTCOME: Case dismissed.

Unlawful Possession of a Weapon charges were lodged against our client after an arrest for Driving While Suspended and search of his vehicle revealed his loaded gun. This would have been no problem in ... his home state, where he held a carry permit, but this is Chicago, Illinois. The police claimed to have confronted K.B. because he was illegally parked. The State's Attorney offered a year in prison, in accordance with their policy of not offering probation on a gun case. Careful investigation showed that according to a witness, he was not in fact illegally parked, and careful cross-examination of the officer on the stand showed that her story didn't add up.

Criminal defense

People v. A.Z. (name withheld)

Jan 10, 2012

OUTCOME: Case dismissed.

A.Z. could not resist - his girlfriend wanted his help buying drugs, and he helped. He was then charged with Contributing to the Delinquency of a Minor Child. The prosecution dismissed the charges when ... presented with the fact that the young lady in question was 17 years old, and our legal argument that she is not considered a minor for purposes of this law.

DUI and DWI

Waukegan v DB

Nov 14, 2011

OUTCOME: DUI drug charge dismissed.

Our client was on his way home from a concert with a friend, and admitted smoking marijuana to the officer after a minor traffic violation. The client submitted to testing and passed all tests, but was ... arrested nonetheless for DUI drugs, and refused chemical testing.

Steven H. Fagan's Legal Cases (27)

Reckless in Chicago

People v DC

People v MA (felony Aggravated DUI)

People v MKK

People v M.Z.

People v JF

People v. SS (name withheld)

People v K.B. (name withheld)

People v. A.Z. (name withheld)

Waukegan v DB