Failure to Yield to an Emergency Vehicle/Scott's Law

Failure to Yield to an Emergency Vehicle/Scott's Law

In Illinois, it is required that every vehicle yield the right-of-way and stop as close as possible to the right side or curb upon the approach of a police or emergency vehicle using audible or visual signals and remain stopped until the emergency vehicle has passed (Section 11-907 of the Illinois Vehicle Code). This moving violation is typically charged as a petty offense.

More serious penalties exist for violations that occur when a driver approaches a stationary emergency vehicle. Also known as "Scott's Law," the law requires that upon approaching a stationary police or emergency vehicle using audible or visual signals, one must proceed with due caution and yield the right-of-way by making a full lane change not adjacent to the police or emergency vehicle if possible. If changing lanes would be impossible or unsafe, the driver of the approaching vehicle must proceed with due caution and reduce their speed. The law includes any vehicle authorized to be equipped with oscillating, rotating or flashing lights (i.e. police vehicles, ambulances, firetrucks, and tow trucks).

A violation of this section is punishable by a fine of anywhere from $100 to $10,000. Furthermore, upon a report of conviction under this section, the Illinois Secretary of State will suspend the offenders driving privileges for a specified period of time if a violation of this statute results in property damage or personal injury to another.

"Scott's Law" (also known as the "Move Over" law) was passed by the Illinois legislature and named after a Chicago Fireman who was tragically struck and killed by a driver on the highway. The vehicle was traveling in the lane immediately adjacent to where his emergency vehicle was parked while he was aiding motorists involved in an accident.

We are routinely contacted by motorists who were either unaware of the law or who were unfamiliar with the correct procedures to follow under such circumstances. Our attorneys strive to minimize the potential consequences and protect your driving privileges. If you have been charged with Failure to Yield to an Emergency Vehicle, the defense attorneys at The Davis Law Group, P.C. can help. Our practice extends to Cook, Lake, DuPage, and Will Counties. Contact us today to discuss your case.

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