Scott’s Law: Move Over or Possibly Lose Your License

 Posted on May 30, 2019 in Traffic Offenses

In the first two and a half months of the year, 13 State Troopers have been hit by vehicles while working on the side of the road. In early January, one was fatally struck and killed while working the scene of an accident. The number is too high in the state, and Illinois State Police are trying to change that. With a blitz on social media, they are reminding all drivers about Scott’s Law, and what can happen if they fail to comply and reduce speed to avoid an accident.

Scott’s Law

According to 625 ILCS 5/11-709, Scott’s Law requires all motorists to move to another lane when approaching an emergency vehicle on the side of the road. The law was named after Lieutenant Scott Gillen, a firefighter with the Chicago Fire Department that lost his life after being struck by a passing vehicle while he was working the scene of an emergency. It is also sometimes called simply the “Move Over Law.”

The law applies to any vehicle that has flashing lights, a siren, or both. Police vehicles are the most common emergency vehicles seen along the side of the road, but the law also applies to ambulances, firefighters, and even tow trucks in some cases. Construction vehicles could also fall under the definition of emergency vehicle according to Scott’s Law. Motorists wishing to keep safe and avoid penalties should simply move over when approaching flashing lights ahead.

The law only states that drivers must move to another lane if the lights or siren on the emergency vehicle are activated. When changing lanes is unsafe, drivers are expected to slow down and proceed with due caution past the emergency vehicles.

Penalties for Violating Scott’s Law

Drivers found in violation of Scott’s Law will face mandatory fines. The minimum fine is $250 for a first offense and $750 for a second or subsequent offense, but that cost could increase to $10,000, depending on the nature of the violation and if the driver caused an accident when failing to move over.

However, drivers found in violation of this law will face more than just fines. They could potentially face criminal charges and the loss of their license, depending on the circumstances. A violation of Scott’s Law that caused damage to another vehicle is a Class A misdemeanor, which is punishable by up to one year in prison. Causing the injury or death of a person while violating Scott’s Law is a Class 4 felony, which is punishable by one to three years in prison.

If the driver caused an accident that involved property damage, the Secretary of State will revoke the driver’s license for 90 days. If the driver caused an accident resulting in injury, the driver will lose their license for 180 days. If the driver caused a fatal accident, the driver’s license is suspended for two years. Other charges, such as reckless homicide, may also apply.

Contact a Rolling Meadows License Reinstatement Lawyer to Get Your License Back

If you are facing criminal charges or have had your license revoked due to Scott’s Law or any other traffic violation, you need to contact a skilled Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we are very familiar with the state’s system for revoking, and reinstating, licenses. We want to put that experience to work for you and help you get your license back as quickly as possible. Call us today at 847-253-3100 for a free consultation, and we can begin discussing your case.

Source:

https://chicago.cbslocal.com/19/illinois-police-report-troopers-struck/

http://www.ilga.gov/legislation/fulltext.asp?DocName=10100SB1862ham001&GA=101&SessionId=108&DocTypeId=SB&LegID=119532&DocNum=1862&GAID=15&Session=