Case Results
Cook County DUI Whodunit? 0.13 breath result
DUI with a CDL is bad news from Bartlett, Illinois
CDL drivers have it tough. Even while not driving a commercial vehicle, if arrested for DUI in Illinois, CDL drivers face cancellation of their CDL if an Illinois Statutory Summary Suspension takes effect, or if the motorist is found guilty of DUI. So this Defendant needed a home run.
That's what he got.
Despite a breath result of 0.13, Fagan, Fagan & Davis obtained a rescisison of our client's suspension. Additionally, following a successful motion to suppress all evidence and quash the arrest, ALL charges pending against our client were dismissed. The Court ruled that the officer had no basis to stop our client at all, and so the DUI couldn't stand.
Chicago Roadblock DUI with 0.145 breath test
DWB from Chicago, Illinois
DWB shouldn't have been driving. His license was suspended for an emissions violation. Other than that, he was minding his own business, bothering absolutely no one. The Chicago Police set up a DUI Roadblock (no matter what pretty names they make up for it, let's face it - it's a DUI roadblock), and DWB's number came up.
After a very brief conversation with Officer Friendly, DWB was hauled out of his car, put through the humiliation of field sobriety testing, arrested, and then shoved into a trailer with five other lucky motorists to take a breath test. His breath test came back at a 0.145.
Unfortunately for the Chicago Police Department, they didn't play by the rules. They didn't follow procedures, and that resulted in a rescission of DWB's suspension. After We challenged the validity of the roadblock, the State was unable to demonstrate to the Judge why the roadblock didn't violate the Constitution. All charges were dismissed.
Incidentally, once we were done, DWB asked us what he owed (he had paid the originally quoted fee over a year earlier and assumed that we would increase our fee because of all the time and work put into his case). He was most grateful to find out that we don't increase our fees just because a case gets tough.
Dismissed! DUI with 0.196 breath test (and no suspension either).
Attorney at Law from Rolling Meadows, Illinois
What happens when an attorney is arrested by the Illinois State Police for DUI? The same thing that happens to you. After a portable breath test showing a 0.16 on the street and performing field sobriety tests, the officer decided he just had to make the arrest. The client then took a breath test at the police station and blew a 0.19. The details are important in a DUI arrest, and the officer failed to pay attention to those details. We did, and our client benefited. The case was dismissed
before trial, and our client was spared personal and professional embarrassment.
4th DUI Arrest - Transformed! No DUI, No suspension!
"Do or Die" - so we did from Island Lake, Illinois
Our client was arrested for the 4th time, and in line for a 3rd DUI conviction. Not only were felony charges probable, but because he was licensed in a state other than Illinois, he'd lose his license for 10 years with no hope of any limited driving privileges for work! Naturally, the prosecutor wanted a DUI conviction and more, as did the Judge. With no choice left, we set the matter for Jury trial. At the last minute, they saw the light, and our client got his one last chance - a non-DUI conviction, no jail, and no suspension of driving privileges.
0.17 Breath! Accident! Result? Suspension gone & DUI Not Guilty
Totalled vehicle. Totally drunk. Total Not Guilty from Glenview, Illinois
The Cook County Sheriff saw a busted up car with two flat tires and a whole lot of oil spilled out onto the street. Our client was there waiting when the officer arrived and admitted he had driven the vehicle earlier in the evening. He took whatever tests the officer wanted, including a breath test showing what we all already knew - he was pretty drunk. So why isn't this guy toast (like he thought he was)? Because being drunk hasn't been illegal for decades! There was no evidence he had been operating the vehicle while drunk, and our client was not guilty on all counts.
3-year DUI suspension of Illinois driver's license dismissed
3-year suspension with no permit possible dismissed! from Lynwood, Illinois
Illinois DUI Attorney Steve Fagan filed a petition with the Markham Court in Cook County, Illinois requesting that our client's automatic 3-year suspension due to arrest for DUI in Illinois be removed. Not only was the suspension to last 3 years, but under Illinois DUI law, our client couldn't even apply for a driving permit for work! The clock started running for the State's Attorney. While they upgraded their case to felony status (as we expected from the start), time worked against them. When it was finally time for a hearing, it was too late. Because we took quick action, their opportunity lapsed. The suspension was dismissed and rescinded due to our knowledge of the law, the system, and our attention to detail.
Even the most highly trained Illinois State Troopers can get it wrong!
DUI & Unlawful Consumption by Minor - Not Guilty from Des Plaines, Illinois
The Illinois State Police thought they had a good one. Unlawful consumption of Alcohol by a Minor and DUI. To the Trooper, to her, he sounded slurred and failed the tests she administered. She couldn't understand why we thought our client had a chance on trial. After trial, the Judge did, and he was found Not Guilty of both charges. Amazingly, this Trooper now trains other officers in DUI enforcement!
Roll over accident! 0.27 breath alcohol! Suspension? Dismissed.
Still driving after a bad one. from Chicago, Illinois
The Chicago police officer was fairly green, or at least inexperienced in DUI enforcement. He filled out our client's Notice of Suspension and handed it to him.
Sort of.
Totally absent from the form was any de[[script]]ion of what happened - no indication whether our client submitted to testing or not, nothing about what length of suspension he'd face, and to top it off, the officer didn't sign the form certifying he'd given my client the notice! Meanwhile, he corrected the notice and sent a copy to the Secretary of State so that they would suspend him,
but did not send a copy to our client. By the time the case got to court, it was too late for the State to correct it. After hearing the evidence and reading our extensively researched case law, the Judge agreed that our client's rights had been violated, and that the proper remedy was to throw out the suspension.
And he did.
12-month Suspension gone on 0.20 breath case
Technical legal argument saves the day from Hanover Park, Illinois
RJ faced a 12-month suspension and by law could not have a permit to drive due to hardship. Worst of all - RJ's work requires valid driving privileges. No license, no work, simple as that. We Fagan, Fagan & Davis filed a petition to rescind, and the State was required to provide a timely hearing. They didn't, and we argued the law to the Judge, who agreed to toss the suspension, saving RJ's job.
DuPage DUI 0.13 breath alcohol, Reckless Driving, Fleeing & Eluding and many other charges - all DISMISSED. Suspension - rescinded!
(Almost) Grounded Pilot from Glendale Heights, Illinois
Officer friendly drove up to my client as he was standing near his car, and boy was he ticked. That car had just led him on a high-speed chase and the officer was convinced it was our client who was driving! Just one problem with that - he didn't see who was driving and didn't see our client get out of the car. Did he ever ask our client who was driving? Nope - he, just assumed he found the driver, just like the lawyers our client went to see for help before he found Fagan, Fagan & Davis. The Judge saw it our way and the suspension and all charges were dismissed. It just so happened our client was a licensed pilot - a status he would have lost if the suspension had ever hit.
0.20 breath test case dismissed. Client stood to lose his license for a very long time.
Tough case goes away! from Markham, Illinois
In the Markham courthouse in Cook county, our client's 0.20 breath DUI following a minor accident was dismissed. Why? Because we pushed the case at the right time and took advantage of the situations presented to us. Our client had a prior DUI and was ineligible for supervision. This meant if found guilty, he faced nearly permanent loss of his driving priviliges. For a very active Dad who coached little league, was involved in his local Cub Scout troop and drove for a living, that would have meant some pretty drastic changes!
DUI with a 0.22 Breath test - GONE, and the suspension too!
Cops make mistakes too - lots of them. from Morton Grove, Illinois
Our client was speeding. No question about it. The officer stopped him and obtained an admission of drinking alcohol. Client did the field sobriety tests - every one the officer requested, including giving a breath sample on a preliminary breath test device on the street of a 0.21.
He was arrested and brought to the police station in cuffs. He answered the officers every question, seeking to be polite and cooperative. The officer requested a breath test, and our client submitted. Scoring a 0.22 this time for good measure.
Result: The DUI was dismissed. His suspension was thrown out. The client was found guilty of speeding and fined $500 and sent on his way.
The only reason the DUI was dismissed in that our law firm fought a five month-long hearing challenging the legality of the officer's arrest. That's five months spent on the hearing, not on the entire case. Since we char
Client wouldn't take thier offer - after trial he got exactly what we offered, and not one bit more.
Don't take that deal! from Chicago, Illinois
He just couldn't resist a burnout in his muscle car to impress his buddy. The Chicago PD didn't exactly appreciate his driving, even if they loved his car. So he was arrested for DUI. His first attorney thought it was a loser of a case, and didn't even file a petition seeking to have the suspension thrown out. By the time our client came to us, it was too late to save his license from the temporary suspension. On the eve of trial, we offered the State a plea to the squealing tires, 8 hours of traffic school and supervision if they'd just do the right thing and throw out the DUI. They balked and offered a Reckless Driving amended from the DUI (this would have rendered Tony a non-first offender, never again eligible for supervision for a DUI - a license saving disposition). We politely said "not a chance" and put on our game faces. The result? Not guilty on the DUI, 8 hours Traffic School and supervision on the squeeling offense. Your hard earned tax dollars at work.
Failure to Yield to officer resulting in DUI arrest - Dismissed
Stopped for NO REASON from Itasca, Illinois
The Cook County Sheriff stopped our client, claiming that she failed to yield while exiting a private drive. Just one problem - there was no one for her to yield to, and she had two witnesses to prove it. The officer administered Field Sobriety Tests that required balancing, despite his training indicating that our client didn't qualify to take those tests due to her weight. We convinced the State's Attorney that we'd win a motion to dismiss, and they threw the DUI out.
0.12 breath test - Never made it to trial.
Pushy officer pushes case right out the door from Palatine, Illinois
The Illinois State Police Trooper was in a hurry and didn't have patience for our client,
who barely spoke English. You'd think the Trooper would understand, as English wasn't
her first language, either. Nevertheless, our client did his level best on the performance tests, which turned out to be pretty darn good. After a hearing, the Judge agreed and the State had no choice but to dismiss the case.
DUI and Illegal Transportation of Alcohol - Dismissed
Recent High School Graduate and buddies rousted out! from Kenilworth, Illinois
Speeding is just speeding. Unless it's late at night and you're with three of your friends who all just graduated from High School.
Then it's suspicious. The officer browbeat our young client mercilessly, verbally abusing him in the hopes of making him back down from his denial that he consumed alcohol. Our client passed the tests, but the officer didn't see it that way and arrested him on the spot, adding charges for which there was no evidence at all. Even the State's Attorney saw it our way, and promptly threw the case out on it's tail!
0.103 Illinois DUI arrest with no DL or Insurance . . .
Cook County DUI dismissed - including the suspension from Cook County Sheriff, Illinois
The Cook County State's attorney thought they had us. An easy win - 0.103 from a roadblock "safety" check. And the client's risk was huge - he had a pending DUI in Chicago handled by another lawyer (that later plead guilty) with a slightly lower breath result. Our Illinois DUI law firm did the work that resulted in the suspension being thrown out as well as the DUI - without a trial.
Update - This same client was arrested again recently for a Chicago DUI. He blew a 0.16. The State's Attorney, knowing their officer had credibility problems and faced with the issues we spotted in our client's case knew they had only one choice - and they threw out everything, from the Illinois DUI license suspension to the DUI arrest itself.