Move-over laws are a relatively recent innovation. The first was passed in South Carolina in 1996; by 2012, every state had one. Illinois’s move-over law was passed after the death of Scott Gillen, a Chicago firefighter hit by a vehicle while responding to a car accident. As a result, the move-over law in Illinois is called “Scott’s Law.”
A Scott’s Law violation can carry a hefty penalty, including a mandatory minimum fine of $250.00, a Scott’s Law Assessment of $250.00, and other usual and customary court costs. If the violation causes an accident, the at-fault driver faces a driver’s license suspension and could face criminal prosecution.
However, a skilled traffic defense lawyer can construct a defense against a Scott’s Law ticket. Contact the Law Offices of Glenn & West, LLC, to discover how you can fight a Scott’s Law citation in Illinois.
Compliance With Scott’s Law
Scott’s Law requires drivers approaching stationary emergency vehicles, identified by oscillating, rotating, or flashing lights, and highway maintenance vehicles, to take the following steps:
- Proceed with due caution
- Change lanes so they’re in a lane not adjacent to the parked emergency vehicle
- Reduce their speed
After taking these actions, drivers must maintain their speed and lane position until they pass the emergency scene.
In some situations, it may not be possible to change lanes. If you can’t change lanes, you must do the following:
- Proceed with due caution
- Slow down until you pass the emergency scene
Additional Scott’s Law provisions require drivers to yield the right-of-way to emergency vehicles and emergency personnel “obviously and actually” performing their duties.
Thus, a fire truck with its lights flashing has the right-of-way when it pulls into traffic. Similarly, a firefighter clearing debris off the road at a crash site has the right-of-way.
Penalties for Violating Scott’s Law
Judges must impose a mandatory fine of at least $250 for a first-time violation of Scott’s Law. The minimum fine increases to $750 for a second or subsequent violation. A judge can impose a fine of up to $10,000 for aggravated factors. This is a civil penalty, meaning the offender won’t face any jail time.
However, if the violation damages another vehicle or injures or kills another person, it becomes a criminal offense. In Illinois, a property damage crash is a Class A misdemeanor punishable by up to one year in jail. A fatal or non-fatal injury crash is a Class 4 felony punishable by one to three years in prison.
In addition to judicial penalties, the state can suspend the offender’s driver’s license as follows:
- 90 days to one year for a property damage-only crash
- 180 days to two years for an injury crash
- Two years for a fatal crash
Finally, a court can impose community service as part of the sentence.
Defenses Against a Scott’s Law Violation
You have several options for defending against a Scott’s Law ticket in Illinois. The defenses that apply in your case will depend on the circumstances of the alleged violation.
Before addressing some possible defenses, it’s worth noting one argument that has limited use.
The term “emergency vehicle” includes police cars, fire or EMT vehicles, and ambulances. It also includes tow trucks, school buses, and state or federal emergency-management vehicles. As such, you can’t argue that you weren’t required to move over because the vehicle with flashing lights was a tow truck or other non-police vehicle.
That being said, the following defenses may help you avoid an unjust accusation that you broke the law.
You Were Blocked
Per Scott’s Law, you aren’t required to move over if changing lanes would be “impossible or unsafe.” Your attorney can argue impossibility if there was another vehicle adjacent to you. Similarly, it would be impossible to change lanes if there were only one lane in each direction.
Similarly, it would be unsafe to change lanes if the gap next to you were too small for your vehicle. It might also be hazardous if the vehicle in the next lane were approaching at high speed.
Keep in mind that the prosecution can still pursue a violation if you were unable to move over. Under the alternate provisions, you must still slow down if you can’t change lanes. You should therefore be prepared to refute this charge by showing that you slowed down.
The Emergency Vehicle’s Lights Weren’t Visible
You’re only required to change lanes if an emergency vehicle is giving a “visual signal” using its flashing or rotating lights. You could have a strong defense if the vehicle’s warning lights were off, as Scott’s Law doesn’t apply in this situation.
Additionally, you might have a valid argument if the lights were blocked by another vehicle, such as a semitruck. This defense could also apply if you couldn’t see the lights because the accident scene was near a curve or behind a building.
Contact the Law Offices of Glenn & West, LLC, to Build Your Traffic Citation Defense
A Scott’s Law violation carries harsh penalties, including a mandatory fine and possible jail time if the offense caused injury or death. Contact us for a consultation with an experienced Illinois traffic law attorney to discuss your situation and potential defenses.
