Fagan Fagan & Davis

<b>Fagan Fagan &amp; Davis</b>

Chigagoland's Premier Criminal & DUI Defense Firm. FREE Chicago Criminal Case Consultations!

Firm Overview

Fagan, Fagan & Davis was founded in 2000, comprised of skilled attorneys highly experienced in defense of Chicago area criminal, DUI and traffic matters. The intention was an exclusive focus on those areas of practice to give our clients the benefit of a unique boutique law firm approach. Most law firms and even solo practitioners that engage in DUI, criminal and traffic defense in the Chicago metro area tend to a broader practice including such matters as personal injury, real estate, civil litigation or divorce. Our firm seeks to add value to our services by limiting our practice, while still being available to counsel and advise our clients who seek representation in other matters by engaging reliable, experienced and reputable outside counsel.

Fagan, Fagan & Davis focuses on defense of people facing issues as simple as traffic matters ranging to misdemeanor or felony DUI and criminal matters in Illinois courts throughout Cook, Lake and DuPage counties. We appear in the major courthouses in Chicago, Skokie, Rolling Meadows, Maywood, Wheaton, Waukegan, Bridgeview, Markham, and in loca field or branch courts through those three counties.

Example Cases:
People vs GL: DUI 0.22 breath test, speeding. (name withheld due to confidentiality).
GL, the divorced father of a young child, was facing his second DUI case. He was stopped in broad daylight for speeding, admitted drinking, took all the Skokie police officer's DUI field sobriety tests. Just for good measure, he gave a 0.21 breath sample on his portable breath test (PBT) unit. After being arrested, GL took the in-station breath test - a 0.22, nearly three times the legal limit. GL's job required that he be able to drive constantly, and if he were to be convicted, not only would he have to move so that he could see his child (who lives with his ex-wife 30 miles away), he'd lose his job. Result: Suspension thrown out, DUI dismissed before trial. The police simply failed to follow proper procedures over and over again. GL kept his job and didn't need to move just to spend time with his child.

People v DWB: Chicago DUI 0.145 breath test, driving while suspended. (name withheld due to confidentiality).
DWB was stopped by a Chicago DUI enforcement roadblock, put through field sobriety testing, arrested and gave a breath test. The key to a good roadblock is following the law that allows those roadblocks. In this case (and in many cases) the Chicago Police couldn't quite demonstrate that they were carefully following the laws surrounding DUI roadblocks. We called them on it, resulting in a dismissed DUI. When the State's Attorney decided to appeal, we took them on again and won.
Main Office
950 Lee Street, suite 200
Des Plaines  IL  60016
  • (847) 635-8200
  • (847) 635-7257


Free Initial Consultation?
We offer free initial consultation by phone or in person. Up to one hour for DUI or criminal matters. Most non-misdemeanor traffic consultations are conducted over the phone.
Services Offered For Fixed Fees?
We primarily offer flat-fees and offer written legal service agreements which spell out our fees in writing up-front.
Hourly Rates
We do not generally engage in hourly representation, but our rates are on par with the finest attorneys in the Chicago area.

Office Information

Office Hours
Mon-Thurs: 8:30am- 6:00pm
Fri: 8:30am-5:00pm
Office Manager
Shelly Anderson, email: shelly@ffdlawyers.com
Emergency After Hours
Languages Spoken
Illinois DUI Defense
DUI Defense Overview
Our attorneys have the experience, conviction, knowledge and training necessary for effective defense of driving under the influence in the Chicago area, as well as extensive trial experience in Cook County, DuPage County and Lake County Illinois DUI courts. Here is more information related to DUI defense:

Breath & Blood Tests
A breath test or breathalyzer is administered arrest for drunk driving. A police officer will instruct the driver to blow into an approved breath machine, which attempts to estimate blood alcohol levels. A more accurate means of measuring blood alcohol content (BAC) is through GC/MS chemical analysis using a blood sample. GC/MS stands for Gas Chromatography and Mass Spectrometry.

Chicago DUI Lawyers
Just as you wouldn't have a gynecologist perform heart surgery, you need an attorney with specific experience and training in DUI defense. And that lawyer needs experience and knowledge specific to the courts where your case will be heard. You want a DUI lawyer to defend your case. And a Chicago DUI lawyer to help you if your case will be heard in Chicago. A lawyer that doesn't appear in your courthouse may be at a disadvantage. Because Fagan, Fagan & Davis focuses specifically on Illinois DUI defense throughout Cook county, Lake county and DuPage county courthouses, you can be assured we're the right lawyers to defend your DUI in those courts.

Consequences of a DUI
Penalties for a misdemeanor DUI in Illinois are serious enough, including up to $2500 in fines and 364 days in jail with mandatory drug and alcohol classes and treatment costing hundreds of dollars and a permanent criminal record that cannot be expunged. Felony DUI can be even more serious, in some cases with mandatory prison time. There are, however, collateral consequences to a DUI that go beyond the sentence. In addition to driver's license revocation for at least a year upon conviction , CDL license holders, professionals like nurses or lawyers, military servicemen and women, aircraft pilots and others face damaging and far reaching consequences.

Drugs & DUI
Drunk driving is not the only way to find yourself facing an Illinois DUI. Driving or being in actual physical control of a motor vehicle with illegal drugs in your blood or urine is also a DUI in Illinois. Drugged driving is becoming even more common, and may even include prescription medications and over-the-counter medication when mixed with alcohol that causes impairment. DUI drugs often involves extensive forensic evidence which your Illinois DUI lawyer must know how to address.

Field Sobriety Tests
Standardized Field sobriety tests are essentially investigative tools used by police officers to assist in the determination of whether a motorist is impaired and may be driving under the influence of alcohol or drugs. These tests include the walk and turn, the one leg stand, and the horizontal gaze nystagmus test. Administration of these SFSTs involves several very specific requirements, from the instructions the officer is to give, to the way an officer evaluates your performance. Because your performance of these tests is then used in Court by prosecutors to prove your guilt, your DUI lawyer needs to know the NHTSA standards for the Field Sobriety Tests in and out, just like the attorneys at Fagan, Fagan & Davis.

Implied Consent & Statutory Summary Suspension
If you refuse to submit to any breath, blood or urine test after being arrested for DUI, your driving privileges may be suspended for between one and three years. If you submit and the results are above a 0.08 or demonstrate the presence of an illegal drug like cannabis, heroin or ecstasy, you face a statutory summary suspension of your driver's license for between six months and one year. In some cases, a driving permit called an MDDP is available, but if you have committed a prior violation of DUI or a DUI suspension within the past five years, no driving permit is available under current Illinois law.

Out of State Drivers
If you have been charged with DUI in Illinois, but are from another state, in addition to the penalties applied by Illinois, you face penalties from your home state. Illinois is a member of the Interstate Driver's License Compact, by which different States agree to share information regarding driving offenses, and DUI in particular. Handling out-of-state motorists requires special care, and our attorneys have a great deal of experience with addressing the problem.

Plea Bargain vs. Trial in a DUI Case
You always have the choice whether to proceed to trial by judge or jury or to engage in a plea bargain negotiation. A plea bargain involves the defendant pleading guilty without a trial in exchange for reducing the risk and consequences you may face at trial. A knowledgeable Chicago DUI attorney from our firm can help you make an intelligent decision about your realistic options.
Traffic Tickets
Illinois Traffic Ticket Defense
The most common way people have contact with our legal system in the Chicago area involves traffic tickets. If so, it is in your best interest to speak with an experienced Illinois traffic ticket lawyer as soon as possible. Many people do not consider traffic violations to be serious, believing that only a fine is involved. But moving violations in Illinois can affect your driving record, insurance rates and can result in a suspended driver's license. Once suspended, it is a jailable crime in Illinois to drive, which can make it extremely difficult to get to work, go to school, shop for basics like food and have any type of social life. A Chicago area traffic lawyer can help make a significant difference.

Traffic Tickets in Chicago and Surrounding Areas
If you have received a traffic ticket or citation in the Chicago area, we can help. We have experience helping people fight traffic tickets stemming from a wide variety of traffic violations and offenses, such as:

* Speeding or driving too fast for conditions
* Aggravated speeding (31 MPH over or more)
* Disobeying a traffic control device (Running a red light or stop sign)
* Failure to reduce speed to avoid an accident
* Improper lane usage (In Chicago - failure to keep within lanes)
* Reckless driving
* Failing to yield to an emergency vehicle (Scott's law violation)
* Driving without a license
* Driving with a suspended license (DWLS) or Driving while revoked (DWLR)
* Driving without liability insurance
* Failure to yield to a pedestrian
* and more...

How can an attorney help?
Depending on your ticket, you could face more than just fines and penalties posted to your driving record. Many traffic offenses require appearance in Illinois traffic courts, which takes time out of your day:

* Without an attorney, you may spend hours in court waiting for your case to be heard.
* Fines in petty offenses are up to $1000 and in misdemeanor offenses are up to $2500 plus court costs. Attorneys can negotiate with prosecutors or argue to the Court why your fines should be lower.
* While sending your ticket in for traffic school sounds attractive, traffic school in Illinois means you spend between 4 and 6 hours of your life on a momentary lapse of attention.Traffic school doesn't mean your traffic ticket is "off your record" - you're found guilty, placed on supervision, fined, and it's all conditioned on you completing traffic safety school or a Driver Improvement class.
* More serious traffic violations could also cost you your driver's license, and even result in probation, imprisonment, and community service.
* If you accept traffic school or a conviction without a court appearance, you give up the opportunity for dismissal or a finding of not guilty.
* Any time you appear in Traffic Court in the Chicago area, it should be with professional representation by a skilled Illinois traffic lawyer.

Fagan, Fagan & Davis is a law firm of experienced Illinois traffic ticket lawyers committed to helping our clients deal with their traffic tickets in the best way possible. The opportunity to help our clients obtain the best results possible on a daily basis is what defines our law office. We have extensive knowledge of the intricacies of Illinois traffic violation laws and decades of experience appearing before Judges and dealing with prosecutors throughout Cook county, DuPage county and Lake county courts.

Call us when you need help with a traffic ticket in Chicago or the surrounding areas.

How did your firm decide on the primary area of practice(s)?

Law suits, contracts and financial deals are important to the function of our society, and are all interesting areas of law. The defense of those accused of criminal, traffic and DUI offenses, however, is important in a more fundamental way. The rights enumerated in our Constitution protecting an individual from unimpeded molestation by the Government are a unique characteristic of American law. Without attorneys willing to challenge authority, those rights are mere words. As Shakespeare put it in a scene about two scoundrels plotting to establish themselves as despotic overlords, to achieve that goal, "first thing we do is kill all the lawyers." Why? Because no one would remain to stand in their way. Police interaction with individuals on an everyday basis is where the rubber meets the proverbial road - it's where the special character of our country is seen in action every day. DUI in particular has become one of America's most common and high-profile crimes.

What is your firm's point of view regarding clients educating themselves on legal issues?

Our free initial-consultation is meant to educate our potential clients in the legal issues surrounding their matters. An understanding of the process and possible consequences is imperative, and we do take the view that part of our job is educating our clients as to the process and law. However, we recommend that those accused of Criminal, DUI and traffic matters in Illinois carefully consider the source of information when attempting to educate themselves by means of friends and general-information web-sites, as much of this information may be inaccurate or inapplicable to their cases.

Is your firm willing to review documents prepared by clients?

We do not recommend that clients prepare documents for legal purposes. We draft all legal documents necessary for representation in DUI, traffic and criminal matters. That said, we are happy to review documents for existing clients and would certainly encourage clients to allow us to review documents before transmitting them.

Is your firm willing to coach clients who want to represent themselves?

We believe that those who wish to represent themselves in defense of Illinois criminal, DUI and traffic matters are taking a dangerous risk. Such a person will be opposed by a trained professional. As such we strongly advise against this practice.

Steven Fagan

Before founding Fagan, Fagan & Davis, I was an associate at the law firm of Fagan, Salon & Associates, defending Illinois DUI, criminal and traffic matters, as well as engaging in civil litigation. Before I became a licensed attorney, I was granted permission by the Supreme Court of Illinois to practice under supervision for a municipal agency, and prosecuted for the Village of Arlington Heights, appearing before the Cook County Court in Rolling Meadows, Illinois. I also owned my own retail business, called The Computer King.

I grew up with the law at my kitchen table. Discussions about the Constitution and protection of those accused of criminal offenses were common and frequent. I learned to read stories about ongoing high-profile cases with a grain of salt, that whether you're a lawyer or not, the opportunity to stand up for people who can't will come along on its own, and that freedom is not free - it requires vigilant effort. Each time I win an impossible case or get my client a deal that was absolutely off the table, it inspires me to go back and fight even harder the next time. I simply love what I do.

My strengths include an enthusiasm for hard work, a passionate but respectful presentation style, and a willingness to stand in opposition to bullying, legal or otherwise. We are passionate about working towards the best results possible for our clients through careful research, preparation and negotiation, while always mindful of the possibility of trial when necessary.

Personal interests:

Football - Da Bears in particular, music - jazz in particular, reading - science fiction/fantasy in particular, family - my wife, kids and pooch in particular, and getting exceptional results for my clients in their DUI criminal and traffic matters.

  • Bar Number: 6255905
    Illinois , 1998
  • IIT Chicago-Kent School of Law
    Juris Doctor , 1998
    Chicago, IL
  • University of Illinois
    Bachelor of Arts , 1995
    Urbana/Champaign, IL

Jeffrey Fagan

Jeff graduated from Columbia College Chicago with a degree in Arts, Entertainment, and Media Management. He earned his law degree from The John Marshall Law School in Chicago Illinois. Jeff left college before completing his undergraduate degree and spent 11 years in the restaurant business, working his way from bar back to General Manager and becoming the youngest General Manager in that restaurant company

Joseph Fagan

Joseph M. Fagan is widely considered one of the very most reputable and capable Chicago criminal defense attorneys, and is known for a warm and disarmingly congenial courtroom style.

Born in Europe Dec. 1946; Immigrated to US in Dec., 1951; attained US citizenship in March, 1957; Married to Iris Fagan, father of four sons, including attorneys Steven H. Fagan, and Jeffrey A. Fagan; Three grandchildren;

Education: Chicago Public School, grades k-8;
Niles Township High Schools, graduated 1963 (age 16)
University of Illinois, 1963-1966;
DePaul University College of Law, 1966-1969, attained J.D. degree; (age 22)

Admitted to practice in Illinois 1969, Florida, 1975; admitted to practice before the Federal Court in the Northern District of Illinois, 1969, and Central District, 1995, and admitted to practice before the United States Supreme Court, 1980;

Professional experience:

Cohen, Fifer & D'

Alan Davis

Alan T. Davis is a graduate of Drake University, and earned a JD at Chicago-Kent College of Law. He was an Assistant State's Attorney for 6 years until 1983, when he left to work with Joseph Fagan. Alan has been an attorney for over thirty years. He has defended clients facing a wide range of charges, from minor traffic tickets to homicide. Mr. Davis has tried over one hundred cases including murder trials, DUI, battery, drug related offenses, retail theft and more.

Michael Epton


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