Mar 18, 2020
Scott’s Law in Illinois is the requirement that drivers slow down and move over when police cars or other emergency vehicles are stopped on the roadway.
Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and
The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations.
The exact language of the section provides that:
Maximum fines for a violation of Scott’s Law can be up to $10,000. The chart below outlines the minimum fine that is applicable:
|Minimum $250 up to $10,000||For 1st offense|
|Minimum $750 up to $10,000||For 2nd or more offense|
A violation of Scott’s Law is considered a moving violation in Illinois. That means the secretary of state will assign points against your driving record and a discretionary suspension under 625 ILCS 5/6-206 may be incurred.
However, the chart below describes certain mandatory suspensions under Scott’s Law if there are aggravated circumstances:
|90 days to 1 year||If there is property damage|
|180 days to 2 year||If there is personal injury|
|2 year suspension||If there is a death to a person|
625 ILCS 5/11-907(e), (f), (g).
An ordinary violation of Scott’s Law in Illinois is considered a business offense. That means it is punishable by fine only.
However, Scott’s Law may classified as a crime and a person may face jail time under the conditions listed below:
|Class A Misdemeanor||If there is damage to anther vehicle|
|Class 4 Felony||If there is injury or death to another person|
625 ILCS 5/11-907(d)
Class A Misdemeanor
Class 4 Felony.
Episode 751 (Duration 13:45) Illinois attorney Peter Wachowski explains some of the intricacies of defending against a charge under Scott’s Law.
“That’s the speed limit! You’re suppose to slow down.” — Peter Wachowski
Going to trial against a charge of violating Scott’s Law can get kind of tricky. In this episode an experienced trial attorney describes the process.
Attorney Peter Wachowski has an active civil law practice focussing on Personal Injury, Worker’s Compensation and Civil Litigation.
However, Peter also is highly experienced in DUI litigation and defense and represents clients in other criminal law matters.
15 N. Northwest Hwy
Park Ridge, IL 60068
✓ The “move over” law says you must do one of two things or both when you see an emergency vehicle stopped on the roadway. Not doing these things can lead to pretty serious consequences. (Go to 2:15)
✓ Scott Gillen was a Chicago Fire Department Lieutenant who died in the line of duty two days before Christmas in 2000 when a drunk driver collided with vehicles assisting at a crash scene on the Dan Ryan Expressway. (Go to 3:29)
✓ “The official day of remembrance of him is December 23rd.” — Peter Wachowski (Go to 3:50)
✓ Peter learned some valuable lessons in defending against an allegation of violating Scott’s Law. You don’t want miss what Peter has learned from court trials on this charge. (Go to 6:07)
✓A great example of when going the speed limit can get you in big trouble. (Go to 7:53)
✓ Judge’s don’t like these things. You should expect the judge to do you no favors if you’re accused of violating Scott’s Law. (Go to 10:02)