People vs JN
Nov 10, 2011OUTCOME: Amended to reckless conduct and sentence of supervision
JN was charged with domestic battery in Cook county.
Steven H. Fagan's Legal Cases (27)
Lincolnwood, IL
Estate planning Lawyer at Lincolnwood, IL
Practice Areas: Estate Planning, DUI & DWI ... +2 more
People v. MP
Nov 08, 2011OUTCOME: Case dismissed.
MP was charged with DUI following a roadblock in Des Plaines. Appearing at the court in Skokie, we challenged the officer's decision to arrest our client.
People v. AB (name withheld)
Jun 23, 2011OUTCOME: Not guilty on all criminal and DUI charges
AB was facing his fifth DUI arrest in Illinois over a span of nearly 30 years. Though eligible for felony enhancement, the State charged the case as a misdemeanor. The State offered a conviction and a ... sentence of 270 days in Cook county jail. Considering a felony would carry a minimum of 3 years, the State's Attorney felt they were being generous. AB displayed some rather unusual behavior, including destroying a pair of handcuffs and attempting a handstand. The handcuffs resulted in an additional charge of Criminal Damage to Property. AB performed several Field Sobriety tests including an HGN test, ABC test twice, Walk and Turn, One leg stand, and Finger to Nose tests, and admitted drinking.
People v. Defendant (name withheld)
May 03, 2011OUTCOME: Finding of Not Guilty as to DUI after trial
Our client was unfortunate enough to have rear-ended a family of three, causing massive damage to both vehicles and injury to multiple passengers. Six squad cars from two different police cars and emer ... gency personnel were on the scene quickly. Our client had the odor of alcohol on his breath, and the officer asked him to perform Standardized Field Sobriety Tests, which he agreed to do, and proceeded to fail in the officer's opinion. Our client was arrested and charged with DUI. The State fought hard to prevent the Defense request for a full-color booking photo and information about video from any squad car. After a lengthy fight, the photo was tendered showing a large bruise on the face of our client indicating a head trauma. Ultimately, it also was determined that although five of the squad cars which responded were equipped with video, none recorded our client's Field Sobriety Tests. Our client had a prior offense and if convicted would lose his driving privileges and faced the possibility of jail time.
People of the State of Illinois v. A.H. (name withheld)
Apr 29, 2011OUTCOME: Case dismissed.
Our client, already awaiting sentencing on another matter, was arrested for Domestic Battery, Resisting Arrest and Possession of Cannabis. The police had responded to a call from a concerned third-par ... ty. Our client faced significant jail time in both this case and his pending sentencing if found guilty.
People of the State of Illinois v. Defendant (name withheld)
Apr 27, 2011OUTCOME: Not Guilty on all three counts of DUI
Our client was involved in an accident in the City of Chicago in late 2010 which left him unresponsive to the officer's inquiries. His friends volunteered that he had been smoking K2, which the office ... r believed was a synthetic marijuana. Based on this, our client was taken to the hospital and arrested for DUI drugs. The State later also charged our client with DUI drugs and alcohol combined, as well as with DUI by controlled substance in blood or urine. Our client had a prior arrest for DUI in a different courthouse which we had won a finding of not guilty at trial. Our client believed he was not impaired by any substance, and we proceeded to trial by judge (a bench trial).
People v W.M. (name withheld)
Mar 04, 2011OUTCOME: DUI dismissed
Improper lane usage and changing lanes without signaling led to a DUI arrest in Cook county coupled with transportation of open alcohol. W.M. had a prior DUI offense, and if convicted, would be unable ... to drive for over a year. After multiple unsuccessful attempts to obtain evidence, we filed a motion seeking to bar testimony related to this evidence. Initially, the Court denied the motion. Rather than give up then, we asked the Court to reconsider based on new case law which agreed with our argument, and the motion was granted. This led to a successful motion to dismiss the DUI and Illegal transportation of open Alcohol charges.
People of the State of Illinois v. Steven Wiggins
Aug 27, 2009OUTCOME: Appeal successfully defended - Case dismissed
Steven was charged with DUI after he was stopped by Chicago police officer Joe Parker at a Roadside safety check (or roadblock). We challenged the legality of the roadblock, and a successful pre-trial ... hearing requiring dismissal of the charges, the State's Attorney appealed. The Appellate Court affirmed the decision of the Court below, resulting in dismissal of the charges.
People of the State of Illinois vs. KM
Nov 24, 2008OUTCOME: Not Guilty on all charges
KM was charged with two criminal offenses punishable by up to a year in jail each - Reckless Driving, and Leaving the Scene of an Accident. The State refused to consider any negotiation, and wanted con ... victions in both cases. KM would lose his license if convicted based on his history. Since that wasn't an option for KM, we proceeded to trial by Judge. The Judge returned a verdict of not guilty on both counts.
People of the State of Illinois v MM
Oct 27, 2008OUTCOME: DUI dismissed for a fine on a speeding ticket
MM was stopped for speeding, put through the paces of extensive physical field sobriety testing, and then, based on his sub-par performance of those tests, was arrested for DUI. An hour later at the p ... olice station, his breath alcohol content registered at a 0.073. Although the legal limit in Illinois is 0.08 or above, the State chose to charge MM anyway based on two arguments: 1) his poor performance on the field sobriety tests, and 2) the argument that his blood actually contained even more alcohol an hour earlier when driving. What the prosecution did not realize is that MM is an inappropriate candidate for field sobriety testing. The NHTSA training received by the officer requires an appropriate test subject, and MM had a degenerating hip which hindered his every movement and causes him pain constantly, thus making the testing unreliable. The officer was also trained to ask about physical limitations prior to administering tests, but in this case, he did not. To make matters far worse for MM, he held a license from another state which would be revoked after even the lightest possible DUI sentence in Illinois. This is despite the fact that Illinois would not have suspended or revoked his privileges if he were licensed in this state. Additionally, MM had a CDL. Had he been found guilty of DUI, no matter the sentence, his CDL would have been canceled for one year, and he'd be out of a job. Based on medical and scientific information we provided to the State, they were convinced that MM was no danger to the public, and agreed to dismiss the charges in exchange for a plea to the only offense MM actually did commit - speeding.
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