Steven H. Fagan

Steven H. Fagan's Legal Cases (27)

Lincolnwood, IL

Estate planning Lawyer at Lincolnwood, IL

Practice Areas: Estate Planning, DUI & DWI ... +2 more

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DUI and DWI

People of the State of Illinois vs. KJ

Jul 27, 2007

OUTCOME: Not Guilty DUI, Suspension rescinded and dismissed

KJ was stopped for speeding and after admitting to consuming alcohol, she submitted to the City of Matteson police officer's request to perform field sobriety tests. After he improperly instructed her ... in how to do the tests the wrong way, then improperly administered those tests, the officer improperly graded KJ's tests as failures. He arrested her. KJ absolutely refused to consider the State's offer and demanded hearing on her petition to restore her driving privileges and demanded trial. The Judge found KJ not guilty and dismissed and rescinded her license suspension.

DUI and DWI

People of the State of Illinois vs. GL

Dec 08, 2005

OUTCOME: DUI and license suspension dismissed pre-trial.

GL was speeding in broad daylight. The Morton Grove police officer stopped GL and obtained an admission of drinking. It was 10:30am. GL wobbled out of the car, performed all requested field sobriety t ... ests (badly), and then agreed to submit to preliminary breath test on the street pre-arrest which demonstrated a BrAC of 0.21. GL was arrested and brought to the police station in handcuffs. Seeking to be polite and cooperative, GL answered the officer's every question honestly. The officer requested a breath test, and GL again obliged, producing a 0.22 reading this time for good measure. What seemed like a terrible case became far more interesting when it was revealed that the officer failed to comply with important procedures in place to insure not only fairness to GL, but to improve officer safety. The Court watched in disbelief as the officer led GL out of the line of sight of his in-car video camera to perform the (now secret) field sobriety testing. All performance tests were excluded as a result. The clincher came when it was revealed that the officer failed to follow procedures meant to insure the reliability of the PBT (portable breath test) device, and that result was excluded as well. With exceedingly little left to defend against an attack on the legality of the arrest, the State's Attorney was reduced to proving a speeding ticket.

DUI and DWI

People of the State of Illinois vs. WK

Dec 02, 2004

OUTCOME: Probation and work release instead of prison time

WK had a bad enough history that the State's Attorney of DuPage county charged him with a felony DUI based only on his record. His attorney, known for taking high profile cases in DuPage county, told ... him to take the deal that would have landed him in prison for no less than 62 days, and possibly up to one year. After hearing this, WK decided he needed someone to take a fresh look at the case and hired Fagan, Fagan & Davis. We filed, and pursued, certain pre-trial motions that revealed to the Judge and the State that the case was not quite as solid as it first appeared. After the motion, the State reduced their offer slightly. Not satisfied, but fully aware that he was unlikely to prevail at trial, WK agreed to "blind plea" the case and put the sentence fully in the hands of the Judge. After hearing our argument, the Judge agreed that a sentence of probation coupled with treatment and 14 days of work release confinement would suffice. Needless to say, WK was ecstatic, and because of the work release program, he got to keep his job.

Violent crime

People of the State of Illinois v. William Morataya

Sep 03, 2004

OUTCOME: UUW charges dismissed, Not Guilty at trial on all other counts

Mr. Morataya was an off-duty Cook County Corrections Officer attempting to calm down a tense situation between an aggressive cab driver and motorcyclists he very nearly struck with his vehicle. Instea ... d of his efforts being appreciated, he found himself accused of multiple felony counts, including Aggravated Battery, Commission of a Hate Crime, and Aggravated UUW. More case details can be viewed here - http://www.dailynorthwestern.com/2.13923/taxi-driver-assaulted-in-evanston-s-first-hate-crime-1.1990997#.UDf1DnuLnac.link

Criminal defense

People of the State of Illinois vs. Paul G. Wouk

Oct 25, 2000

OUTCOME: Denial of Defendant's Motion to Dismiss Sustained

In a pre-trial hearing, the circuit court had held that the complaining witness failed to meet her burden in establishing the basis for issuance of an order of protection sought in conjunction with the ... Defendant's criminal case. In that petition, the complaining witness was represented by the State's Attorney of Cook County. In the lower court, Mr. Wouk's attorney argued that this decision, based on the same allegations contained in the criminal complaint and having the same parties, required dismissal. The basis of that motion to dismiss was that the standard required in the petition for order of protection was a far lower standard than the prosecution would face in their task of proving the criminal charges. This concept is called Collateral Estoppel. The lower court denied that motion, and the Mr. Would was found guilty at trial. Attorney Steven H. Fagan of Fagan, Salon & Associates appealed on behalf of Mr. Wouk, and eventually presented oral argument before the Appellate Court. The Court essentially agreed that all existing required tests had been met to enforce the rule of Collateral Estoppel, but that cases of alleged domestic violence require a new, additional test regarding the public policy concerns in such a case. The Court upheld the conviction and denied Mr. Wouk's petition for rehearing.

DUI and DWI

People of the State of Illinois vs. Chester S. Dudczak

May 03, 1999

OUTCOME: Lower Court ruling Affirmed - case dismissed

A successful pre-trial motion in the Kane County Circuit Court eliminated any key evidence which would have allowed the State's Attorney to proceed to trial. They appealed the Court's ruling. The App ... ellate Court affirmed the decision of the lower Court, and the State's Attorney was left with no choice but the dismissal of the charges.

DUI and DWI

City of Highland Park v James Lee

Aug 06, 1997

OUTCOME: Appeal successfully defended - Case dismissed

Steven H. Fagan assisted in the research and preparation of briefs in the appellate Court as a non-lawyer. The Court affirmed Lee's motion to suppress evidence because the officer had no probable cause ... to stop and arrest Lee. The officer's detention of Lee could not be called a "community caretaking" stop, and thus probable cause was necessary. This ruling resulted in the dismissal of the charges in Lee's case, and to this day is considered a leading case on "community caretaking" function of the police.

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