Kane County Nuggets
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 Basically Says… Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and Move over and change lanes and/or Slow down if changing lanes is impossible. The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations. 625 ILCS 5/11-907(c) The exact language of the section provides that: “(c) Upon approaching a stationary authorized...
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After Illinois passed the Cannabis Regulation and Tax Act which became effective in 2020, can police still search a car when they smell cannabis? The Old “Smell Of Weed Rule” In Illinois Before Decriminalization Of 2020 The warrantless search of a car is authorized “where a trained and experienced police officer detects the odor of cannabis emanating from a defendant’s vehicle.” People v. Stout, 106 Ill.2d 77, 88 (1985) The question today, is if this rule survived the cannabis law change in 2020. In This Episode… “The officer would probably be better suited to try and find...
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Episode 724 (Duration 33:57). Chicago defense attorney Peter Lewis explains what a litigant can do when their criminal discovery is missing the police body cam video. In This Case... The State's Attorney's position is if they didn't get it from the police then it doesn't exist. Attorney Peter Lewis Am I Entitled To Have The Police Body Cam In My Case? Yes. Generally, speaking a criminal defendant is going to be entitled to possess a copy of the police body cam or cams involved in his or her case. The interesting question is what to do when you don't get it. Attorney Peter Lewis Peter...
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. SCOTIS Notice (Duration 1:43) This is the SCOTUS case that set the framework for the use of drug dogs in the United States. [insert mp3 player] This opinion normalized the use of drug dogs by police departments during traffic stops. The case concluded that police don't need a warrant when they walk a drug dog around a car during a traffic stop. Issue Do police need a warrant to use a drug dog to sniff a car during a traffic stop? Facts Driver was stopped and ticketed for speeding. During the traffic stop, a canine unit appeared and a dog handler walked the dog around the car. The...
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. Episode 686 (Duration 31:58) What's the best way to handle legally insufficient criminal charges? In this episode you get a feel for what it's like working in the criminal law. Subscribe: | | | | | Illinois attorney Alan Downen walks us through the detailed intricacies of just one issue in criminal litigation: In This Episode... "There's an old saying about losing your 'tall'. 'Tall' is your favorite marble." -- Alan Downen. Illinois Attorney Alan Downen Alan Downen has been a member of the Illinois bar since 1974. He's a solo practitioner concentrating...
info_outlineScott’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 Basically Says…
Scott’s law requires that a driver proceed cautiously when an emergency vehicle is stopped and
- Move over and change lanes and/or
- Slow down if changing lanes is impossible.
The law imposes enhanced penalties, a possible driver license suspension, and even jail time for severe violations.
625 ILCS 5/11-907(c)
The exact language of the section provides that:
Scott’s Law Fines
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 |
Suspension Of Drivers License Under Scott’s Law
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).
Jail Time For A Scott’s Law Violation
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.
Links & Resources
- Illinois Vehicle Code on Right-Of Ways
- Scott’s Law In Illinois
- Illinois Vehicle Code On Approaching Disabled Vehicles
- Illinois Vehicle Code On Construction Zones
Attorney Peter Wachowski Discusses Defending Against A Scott’s Law Ticket
Episode 751 (Duration 13:45) Illinois attorney Peter Wachowski explains some of the intricacies of defending against a charge under Scott’s Law.
In This Episode…
“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
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.
Contact Information
15 N. Northwest Hwy
Park Ridge, IL 60068
“Can’t Miss” Moments:
✓ 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)