Scott's Law violation can be an aggravating factor in an Illinois DUI

June 05, 2013

An Illinois statute known as Scott's Law requires motorists to move over and use extra caution when approaching a police car or other emergency vehicle stopped on the side of the road. Also known as the "Move Over" law, the statute was named in honor of Chicago Fire Department Lieutenant Scott Gillen, who was fatally struck by an intoxicated driver while tending to a traffic accident on the Dan Ryan Expressway.

Scott's Law requirements for Illinois drivers

According to Scott's Law, Illinois drivers must take the following precautions when approaching an emergency vehicle that has stopped along the roadway:
- Reduce speed
- Change lanes if possible
- Proceed with due caution

The requirements apply to situations involving any authorized emergency vehicle, which is defined as any vehicle that is legally authorized to be equipped with flashing, rotating or oscillating lights.

Drivers approaching stopped emergency vehicles in Illinois are required to change lanes away from the emergency vehicle if traffic and weather conditions allow this to be done safely. This requirement applies on roads with four or more lanes, with at least two lanes moving in the direction of the emergency vehicle.

In situations where changing lanes is impossible or unsafe when approaching a stopped emergency vehicle, the law requires that drivers proceed with caution and reduce their speed to a level that is safe for existing road conditions.

Penalties for Scott's Law violations

Under ordinary circumstances, violation of Scott's Law is considered a business offense and can result in fines of up to $10,000. However, when a driver violates Scott's Law while under the influence of alcohol, drugs, or other intoxicating substances, the offense can be considered a factor in aggravation of DUI and may trigger additional penalties.

In an Illinois aggravated DUI case involving a Scott's Law violation, an additional license suspension period is imposed along with any other criminal penalties that may apply. The length of the suspension period depends on the circumstances of the offense as follows:
- If the Scott's Law violation results in damage to another person's property, the driver's license may be suspended for a period of 90 days to one year.
- If another person is injured as a result of the Scott's Law violation, the driver's license suspension period will be at least 180 days and up to two years.
- If another person dies as a result of the Scott's Law violation, the license suspension period will be two years.

People facing charges for aggravated DUI in Illinois should seek help from a knowledgeable criminal defense lawyer at their earliest opportunity. An attorney with a strong background in DUI defense can help Illinois drivers protect their legal rights and fight vigorously to defend against the charges.

Article provided by Polinske & Associates, P.C.
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