Facing a Scott’s Law violation in Illinois can be a stressful experience, impacting your driving privileges and potentially leading to significant fines.
If you’ve been ticketed, understanding Illinois Scott’s Law and its implications is crucial. This article provides a comprehensive overview to help you navigate this complex legal area.
What is Illinois Scott’s Law?
Illinois Scott’s Law, or the “Move Over Law” (Section 11-907(c) of the Illinois Vehicle Code), mandates drivers to act cautiously when nearing stationary emergency vehicles or those with flashing lights. It protects police, firefighters, paramedics, and highway workers at roadside scenes.
Enacted in 2002, it honors Chicago Fire Lieutenant Scott Gillen, who was fatally struck by a drunk driver during a traffic incident response.
Key Requirements of Scott’s Law
When you see an emergency vehicle, such as a police cruiser, fire truck, ambulance, or even a highway maintenance vehicle with its flashing lights activated (which can include red, white, blue, or amber/yellow warning lights), you are required to:
- Change lanes: If possible and safe to do so, move into a lane not immediately adjacent to the stationary vehicle. This applies to highways with at least two lanes proceeding in the same direction.
- Reduce speed and proceed with due caution: If changing lanes is not possible or unsafe due to traffic conditions, you must significantly reduce your vehicle’s speed, maintaining a safe speed for road conditions, and proceed with due caution.
This law extends beyond traditional emergency vehicles and now includes any stationary vehicle with its hazard lights flashing, emphasizing the broad scope of protection for those working on Illinois roadways.
The Penalties for Scott’s Law Violations
The consequences of violating Scott’s Law in Illinois are substantial and have been increasingly strengthened by the Illinois General Assembly to deter non-compliance and enhance public safety.
Unlike a minor traffic ticket, a Scott’s Law violation carries severe penalties that can affect your driving privileges and financial well-being.
Financial Penalties and Fines
For a first violation, you face a fine of not less than $250 and up to $10,000. A second or subsequent violation increases the minimum fine to $750, with the maximum remaining at $10,000.
Additionally, a mandatory $250 assessment fee is deposited into the Scott’s Law Fund, which is dedicated to producing driver education materials and promoting road safety campaigns like “Give Them Distance.”
Driving Privileges Suspension
Beyond monetary fines, your driver’s license can be suspended. The duration of the suspension depends on the severity of the violation:
- Property Damage: If your violation results in damage to another person’s property, your driving privileges will be suspended for a fixed period of not less than 90 days and not more than one year.
- Personal Injury: If the violation leads to injury to another person, your license suspension will be for a fixed period of not less than 180 days and not more than two years.
- Death: Tragically, if a Scott’s Law violation results in the death of another person, your driver’s license will be suspended for two years.
These suspensions are mandatory and are reported to the Illinois Secretary of State, who is responsible for enforcing these driving privilege actions.
Criminal Penalties and Jail Time
While a typical Scott’s Law violation is often charged as a business offense or petty traffic offense, it can escalate to criminal charges if an accident occurs:
- Damage to another vehicle: This can be classified as a Class A misdemeanor, punishable by up to one year in jail.
- Personal injury or death: These serious outcomes can result in a Class 4 felony charge, punishable by one to three years in prison.
Furthermore, if the violation occurred while you were under the influence of alcohol, drugs, or other intoxicating compounds, it becomes an aggravating factor, leading to more severe mandatory minimum suspensions of your driver’s license.
Community Service
In addition to other penalties, the court may order a person convicted of a Scott’s Law violation to perform community service hours, the specific number of which is at the court’s discretion.
Increased Enforcement and Awareness
The Illinois State Police and Department of Transportation have increased enforcement of the Move Over Law due to tragic incidents involving emergency personnel.
Law enforcement often conducts “sting” operations on major highways to catch violators, using multiple police cruisers to observe and apprehend non-compliant drivers.
Public Awareness Campaigns
To boost awareness and compliance, Illinois includes a Scott’s Law question on the driver’s test. Road safety campaigns are promoted via social media and informational cards, urging drivers to “Give Them Distance.” Navigation apps like Waze and Google Maps now alert drivers near roadside emergency scenes.
Why is Scott’s Law So Important?
Scott’s Law aims to protect emergency workers on Illinois roads. Roadside emergencies and routine stops are risky. Speeding vehicles not yielding the right-of-way endanger police, firefighters, and highway workers. This law ensures a safer environment for those dedicated to public safety.
Protecting Emergency Personnel
Consider a Chicago Fire Department firefighter responding to an incident or an Illinois State Police trooper conducting a traffic stop. Their focus is on the task at hand, often with their back to oncoming traffic. The simple act of slowing down and moving over provides them with a critical safety buffer, reducing the likelihood of a “struck-by-vehicle” incident.
What to Do if You are Pulled Over for a Scott’s Law Violation
If you are pulled over for allegedly violating Illinois’ Scott’s Law, it is imperative to handle the situation carefully. Remain calm, cooperate with the Illinois State Police officer, and provide your driver’s license, vehicle registration, and proof of insurance. Do not argue with the officer at the scene.
Seeking Legal Counsel
Given the severity of the potential Scott’s Law Fines, suspensions, and criminal penalties, it is highly advisable to seek legal counsel. Many traffic attorneys specialize in defending against these types of charges.
An experienced lawyer can review the details of your case, explain your rights, and help you determine the best course of action. They may be able to negotiate with the prosecutor, seek a reduction in charges, or work towards avoiding a driver’s license suspension or even jail time.
Building Your Defense
If you believe you weren’t in violation or faced circumstances like being unable to safely change lanes, a traffic attorney can build a strong defense. The law’s subjective nature, such as changing lanes “if possible with due regard to safety and traffic conditions,” can be argued by an attorney.
Understanding Section 12-215 of the Illinois Vehicle Code, which defines “authorized emergency vehicle” and proper visual signals, is key to crafting your defense.
Conclusion
Scott’s Law is essential for road safety in Illinois, safeguarding emergency responders. If you’re charged with a violation, take it seriously due to potential penalties affecting driving privileges. Gain a favorable outcome by understanding the law and consulting legal experts.
If you are facing a Scott’s Law violation, call us today for a free consultation! Don’t handle this on your own. Stay informed and always “Move Over and Slow Down” for stationary emergency or maintenance vehicles.
