What is Scotts law in the state of Illinois?

Scott's Law, commonly known as the "Move Over Law", (625 ILCS 5/11-907(c), was named after Lieutenant Scott Gillen, a Chicago fireman, who was struck and killed by a driver on the side of the Dan Ryan Expressway in 2000. Lieutenant Gillen was parked in the emergency lane assisting a few motorists who were involved in an accident. Scott's Law was passed in his honor to protect emergency workers responding to emergencies on the side of the road. Scott's Law has been updated and enhanced several times since it was originally enacted in Illinois. The most recent enhancement of the law was in July of 2019 when the fines and the penalties for violating Scott's Law were enhanced and increased.

The recent years have seen a sharp increase in the number of tickets and citations issued for violating Scott's Law. One of the main reasons for the sharp increase in the number of Scott's Law cases is due to the increased attention paid to accidents involving police officers and emergency personnel who have been injured and killed in roadside accidents. Whenever a police officer or emergency responder is injured or killed, the media attention results in an immediate increased enforcement stance taken by the police which always leads to a sharp increase in the number of Scott's Law cases in court.

Another reason for the increase in the number of Scots Law cases is that motorists are not adequately informed about what Scott's Law is and how to properly respond and react when encountering a stationary emergency vehicle.

What Is Scott’s Law?

Scott's Law applies to situations when you encounter a stationary (stopped) police or emergency vehicle upon the roadway that has its emergency visual and audio signals activated.  Common examples are when the police are stopped on the side of the road, a tow truck is stopped on the side of the road rendering assistance to a disabled vehicle, a fire truck or an ambulance rendering emergency assistance to a motorist. Whenever you approach such a vehicle that is stopped on the side of the road with its emergency signals activated, Scott's Law requires the following:

-Regardless of anything else, you must proceed with caution. This means that you should reduce your speed, and pay attention to your surroundings.

-You must change lanes if there is more than one lane in the direction that you are heading. If an emergency vehicle, or a police vehicle, are stopped in the right emergency lane, you must approach with caution, and if there is another lane heading in the same direction to your left, you must move over to the left lane if possible. Hence the term, “Move Over Law.”

-If there is only one lane, or if it would be unsafe for you to "Move Over", you must proceed with due caution. This means that you must reduce your speed and maintain a safe and proper distance until you have passed the emergency vehicles.

What is the Penalty for Violating Scott’s Law?

Fines

-1st Scott’s Law Violation:  Carries a mandatory minimum fine of $250 and a maximum fine of $10,000. In addition, you will be required to pay the mandatory court costs, plus pay a $250 fee to the Scott's Law Fund.

-2nd Scott’s Law Violation:  Carries a mandatory minimum fine of $750 and a maximum fine of $10,000. In addition, you will be required to pay the mandatory court cost, plus pay a $250 fee to the Scott's Law Fund.

License Suspension for Violating Scott’s Law

If you are convicted of violating Scott's Law, your driver's license will be suspended by the Illinois Secretary of State if the violation of Scott's Law resulted in property damage, or personal injury or death to another person. The length of your driver's license suspension will depend on the following:

-If the Scott's Law violation resulted in property damage only, your license will be suspended for 90 days.

-If the Scott's Law violation resulted in personal injury, the Illinois Secretary of State will suspend your driver's license or anywhere from 180 days to two years.

-If the Scott's Law violation resulted in death, the Illinois Secretary of State will suspend your license for two years.

Scott’s Law Criminal Charges

In certain circumstances, violating Scott's Law could lead to criminal charges. Typically, criminal charges are filed in Scott's Law cases when there's serious injuries or death that result from the violation of the Scott's Law statute. Prosecutors may file criminal charges in Scott's Law cases under the following circumstances:

-Property damage to another vehicle may be charged as a Class A Misdemeanor, which carries a maximum punishment of up to one year in County Jail and a fine not to exceed $2,500.

-If the violation of Scott's Law results in personal injury or death, prosecutors may charge you with a Class 4 Felony which is punishable by a potential prison sentence of one to three years.

Failure to Yield to an Emergency Vehicle

Scott's Law applies to emergency vehicles that are stationary on the side of the road with their emergency audio and visual signals activated. Scott's Law does not apply to emergency vehicles that are moving on the roadway. If you fail to yield to an emergency vehicle that is using its emergency, visual or audio audible signals, you must yield the right-of-way to the emergency vehicle by moving to the right side of the curb if possible, and remain stopped until the emergency vehicle has passed. Failure to properly yield to an approaching emergency vehicle may lead to a ticket for Failure to Yield to an Emergency Vehicle, which is found under 625 ILCS 5/11-307(a).

James Dimeas Will Provide Effective and Aggressive Defense For Your Scott's Law Case

James Dimeas is one of the leading traffic law and Scott's Law attorneys in Illinois. James Dimeas only handles criminal and traffic cases. Unlike many other lawyers, James Dimeas has a unique understanding of the traffic laws. When most lawyers get a Scott's Law case, they take the easy approach and work out a convenient plea agreement for their clients. James Dimeas understands the strict requirements of Scott's Law and will look at every aspect of your case to see if there's a way to win the case. For instance, if the emergency vehicle did not have its emergency lights or sirens activated, you cannot be convicted of violating Scott's Law. If it was unsafe for you to "Move Over", you cannot be convicted of violating Scott's Law. Most lawyers think that Scott's Law applies to every case involving an emergency vehicle. That is clearly not the case. James Dimeas understands what the state has to prove to win a Scott's Law case and will look at every angle and every detail to try to win the case. Most lawyers will not do that. If you you want to protect your legal rights and your driver’s license, it's important that you consult and hire a lawyer that knows what they are doing. James Dimeas knows what he is doing.

Hire a Highly-Experienced Traffic Lawyer for Your Scott’s Law Case

James Dimeas is a nationally-recognized, award-winning, Traffic lawyer, with over 29-years of experience handling Traffic and Scott's Law cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a “Top 100 Criminal Defense Lawyer in the State of Illinois for the years 2018, 2019, 2020, and 2021” by the American Society of Legal Advocates. James Dimeas was named a “Best DUI Attorney”, a “Best DUI Lawyer in Schaumburg”, and a “Best Criminal Defense Lawyer in Chicago” by Expertise. James Dimeas was named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys gave James Dimeas the “Top 10 Attorney Award for the State of Illinois”. James Dimeas is rated ‘Superb’ by AVVO, 10 out of 10, the highest rating possible for any DUI lawyer in the United States. The American Society of Criminal Law Attorneys named James Dimeas a ’10 Best Attorney for Client Satisfaction”. Attorney and Practice Magazine gave James Dimeas the “Top 10 Criminal Defense Attorney Award for Illinois”. 

If you are charged with violating Scott’s Law, you can contact James Dimeas anytime for a free and confidential consultation. You can speak to James Dimeas personally by calling 847-807-7405.

Breaking Scott’s law in Illinois is a serious offense. As a result of the violation, you could end up with a hefty penalty. Suppose you are in a situation where you have broken the move-over law, also known as Scott's law. In that case, you need an experienced Illinois Scotts Law attorney to represent you.

As a person living in the counties of Rolling Meadows, Waukegan, Elgin, Lombard, Aurora, or surrounding areas, call the Dohman Law Group firm. We are ready to represent you and to give you solutions. You can probably find all of the information you need on the internet. Still, for a more in-depth analysis of your case and to talk to someone willing to help, we are here for you. 

Even though many people are not aware of Scott's law, it has been in existence for many years.

Recently, many people have been getting educated and are getting to know more about it. So, what does the Scott's law require a person to do?

As a driver who has seen a stationary emergency vehicle that is not on the move by the side of the law, Scott's law requires you to:

• Change the lane that you are in. Make sure that the lane you change to is not the same as an emergency car’s lane.
• If it is not safe to go to the next lane or you cannot make the move, you should slow down while still maintaining a safe speed suitable for road conditions. Maintain a safe distance until you pass the scene where the authorized emergency vehicle is located.

Since it is not a new law, as with many laws that have been enacted, there is a story behind it. After the death of a Chicago Fire Department member who was a Chicago fire department medic known as Scott Gillen, the law was enacted. As a driver was traveling, he hit Scott, an emergency personnel, in the lane next to where the emergency vehicle was parked as he was busy assisting motorists involved in a car accident.

The law has evolved over time. After the death of 3 state police officers in Illinois in 2019, stiffer penalties were added in 2020.

Knowledge is power. To effectively implement the move-over law, you should know vehicles that are classified as authorized emergency vehicles.

• Police vehicle
• Ambulance
• Fire station vehicles
• Tow truck
• pound vehicle
• maintenance vehicles

These are not the only cars that are classified as authorized emergency cars. Any vehicle that has been equipped to move back and forth repeatedly has oscillating lights and rotates can be considered an emergency vehicle. Under the code of section 12-215, when the owner or the one operating the vehicle is on official duties, it is considered an authorized emergency vehicle.

This law shows that there are several other authorized vehicles offering services that are protected under the move-over law. If, for example, a tow truck is not moving and the lights have been adequately lit up, you may be required to implement the move over law.

When a law is broken, there are consequences. Depending on the extent and damage caused, it will determine the cause of action or punishment served by the court.

After a trial and you are found guilty, here are some of the things that can happen.

• Even if it is your 1st offense, you will be required to pay a fine of $250 up to $10,000 or more
• As a second time you offender, you may have to pay a minimum fine of $750 up to $10,000 or more

When you break Scott's law, you may have to pay fines and face criminal penalties. If you do not move when you are supposed to move, and this ends up in you causing damage to another vehicle, you have the likelihood of spending 364 days in jail. 

If, as a result of disobeying Scott's law, you end up causing death and injury to an individual, you will face enhanced penalties. You will spend 1 to 3 years jail time in the Illinois Department of corrections.

Getting a ticket due to breaking Scott's Law could result in the suspension of your drivers license. If you cause damage to another person’s property, you can face driver license suspension for three months to a year as a result of breaking the law.

The driver’s license suspension will take an even longer time if the driver has caused injury or death due to breaking the move over law. When damage is caused, the driver can lose their driving privileges for 6 months up to 2 years. If death occurs, the driver’s suspension of driving will last for a period of 2 years.

Ignorance is no defense. The law has been in existence for several years in Illinois.

It is understandable for a driver to not have knowledge of the law. However, the argument will not help them in regards to breaking the law. The Illinois legislature has recognized the importance of offering education to drivers on this law.

One amendment of the move over law is funding towards offering more education to drivers regarding the Scotts law. Also, a written driver’s test will be required to have at least one question about the move over law.

Breaking the move over law can result in you incurring heavy penalties and even facing jail time. If you have received a ticket after breaking the Scott law, you need a skilled move-over law attorney to offer you traffic ticket defense representation. We can help you! We at the Dohman Law Group have experienced Illinois traffic lawyers who can represent you and help keep your driving record clean. You may not know what to do, but we do! Give us a call, tell us your side of the story, request services, and let us do the rest! Contact us for an initial consultation!