Chicago Criminal Lawyer Blog
If you’ve recently received a Scott’s Law ticket in Illinois, you’re probably worried about what happens next. You may be asking yourself questions like:
- “How serious is a Scott’s Law violation?”
- “Will I lose my license?”
- “Is jail time possible?”
- “Should I hire a lawyer for a Scott’s Law ticket?”
As an experienced Illinois criminal defense attorney, I can tell you: Scott’s Law is not just another traffic ticket. The consequences can be severe and long-lasting. But you do have options—and the right legal defense can make all the difference.
In this blog, I’ll break down everything you need to know about Scott’s Law, also known as Illinois’ Move Over Law, including:
- What Scott’s Law is and why it exists
- Penalties for violating Scott’s Law
- Real-life examples of Scott’s Law violations
- Why you should consult a defense lawyer immediately
- How I defend clients charged with Scott’s Law violations
What Is Scott’s Law (The Move Over Law)?
Scott’s Law, named after Lieutenant Scott Gillen of the Chicago Fire Department, who was tragically struck and killed by a drunk driver while responding to an accident on the Dan Ryan Expressway, is designed to protect emergency responders and roadside workers.
Under 625 ILCS 5/11-907(c), the law requires all drivers to:
- Slow down
- Change lanes if possible
- Proceed with caution
…when approaching any stationary authorized emergency vehicle, tow truck, or any vehicle with flashing lights, including police, fire, EMS, IDOT, and even some construction vehicles.
Over the years, Scott’s Law has been expanded and toughened in response to a dramatic increase in violations—and fatalities involving roadside workers.
Why Is Scott’s Law So Strict?
Lawmakers and law enforcement take Scott’s Law extremely seriously—and for good reason. In recent years, there has been a sharp rise in deaths and injuries involving police officers, firefighters, and emergency responders working on Illinois roadways.
In fact, 2019 saw an alarming spike in Scott’s Law violations, prompting the Illinois State Police to launch awareness campaigns and crack down with aggressive enforcement.
The purpose is simple: to protect lives. But sometimes, in the push for enforcement, innocent drivers get caught in the net—facing life-altering penalties for what they thought was a minor infraction.
What Are the Penalties for Violating Scott’s Law?
Here’s where things get serious. A Scott’s Law violation is not your average traffic ticket. The penalties are much more severe, especially if there is property damage or injury involved.
As of recent legislation updates, the penalties include:
For a Basic Scott’s Law Violation (No Damage or Injury):
- Mandatory fines of at least $250 for the first offense
- $750 or more for a second or subsequent offense
- Court supervision is not guaranteed
- A permanent mark on your driving record
If Property Damage Occurred:
- Mandatory license suspension (90 days to 1 year)
- Increased fines
If Injury or Death Occurred:
- Class 4 felony – punishable by 1 to 3 years in prison
- Hefty fines and mandatory license revocation
Other Consequences:
- Skyrocketing insurance premiums
- Loss of employment, especially if you drive for work
- Possible jail time if circumstances involve reckless or intoxicated driving
Examples of Scott’s Law Violations
As a criminal defense attorney, I’ve handled many Scott’s Law tickets, and I can tell you—they’re not always clear-cut. Here are some real-world examples:
- A driver failed to move over when passing a stopped squad car on a busy expressway. The lane change wasn’t possible due to traffic, but they didn’t slow down enough.
- A commercial truck driver was cited under Scott’s Law after passing an IDOT vehicle with flashing amber lights, unaware the law applied to non-police vehicles.
- A motorist slowed down and moved over but was still pulled over because an officer felt they did not do so “adequately.”
- A driver struck the side mirror of a police cruiser parked partially in the lane while trying to avoid hitting another car.
In each of these cases, a defense strategy tailored to the facts helped mitigate or even dismiss the charges.
Why You Need a Criminal Defense Lawyer for a Scott’s Law Ticket
You might think you can just pay the fine and move on. But with Scott’s Law, paying the ticket is an admission of guilt—and can lead to:
- A criminal record
- Driver’s license suspension
- A negative impact on your livelihood
That’s where I come in.
As a criminal defense lawyer with decades of experience handling Scott’s Law and traffic violations in Illinois, I understand how prosecutors build these cases—and how to challenge them.
How I Defend Scott’s Law Cases
No two cases are alike. When you hire me to defend your Scott’s Law charge, here’s what I do:
- Review the dashcam/bodycam footage (if available)
- Investigate whether flashing lights were actually active
- Determine if traffic conditions made it unsafe to move over
- Examine road design, weather, or other external factors
- Challenge whether the stop was legal
- Negotiate with prosecutors for dismissal or reduction
- Work to preserve your driving privileges and clean record
In many cases, we can resolve the matter without a criminal conviction—or even without court supervision hitting your record.
Contact James Dimeas – Your Scott’s Law Defense Attorney
If you’ve been ticketed for violating Scott’s Law in Illinois, don’t wait until it’s too late. A conviction can affect your license, your job, your insurance, and your future.
I’ve helped countless clients facing Scott’s Law violations in counties throughout Cook, DuPage, Kane, Lake, and Will, and I can help you too.
Call me today at 847-807-7405 for a free consultation. Let’s discuss your case, your options, and how we can protect your rights, your record, and your reputation.
Final Thoughts
Scott’s Law violations are more than just traffic tickets—they carry criminal penalties and harsh consequences. If you’ve been cited, don’t try to handle it alone. You need an experienced attorney who understands the law, the courts, and how to fight for your rights.
🚨 Charged with a Scott’s Law Violation? Don’t Face It Alone.
James Dimeas is a trusted Illinois criminal defense attorney with over 25 years of experience successfully defending clients against Scott’s Law and traffic-related charges.
📞 Call now for a FREE consultation: 847-807-7405
📍 Serving Cook, DuPage, Kane, Lake, and Will Counties
👉 Schedule a Consultation by calling my office or filling out our Online Form.