What is Aggravated Improper Passing of an Emergency Vehicle?
Improper Passing of an Emergency Vehicle in violation of 625 ILCS 5/11-907(c) becomes "aggravated" when one of the additional factors occur (625 ILCS 5/11-907(d):
- the driver causes damage to another vehicle; or
- the violation results in the injury or death of another person.
What are the Penalties for Aggravated Improper Passing of an Emergency Vehicle?
Damage to Another Vehicle- improper passing of an emergency vehicle in violation of 625 ILCS 5/11-907(c) that causes damage to another vehicle is a Class A misdemeanor.
Causes Injury or Death- improper passing of an emergency vehicle in violation of 625 ILCS 5/11-907(c) that causes injury or death is a Class 4 felony.
Possible Sentences: Conditional Discharge or Probation
The only disposition available for this offense is a conviction, conditional discharge, or probation. 730 ILCS 5/5-4.5-80. Court supervision is not allowed. 730 ILCS 5/5-6-1(f)
Class A misdemeanor violations of this offense are punishable by two (2) years of conditional discharge or probation. 730 ILCS 5/5-4.5-55. Class 4 felony violations of this offense are punishable by up to 30 months of probation or conditional discharge. 730 ILCS 5/5-4.5-45(d).
Could I be Sentenced to Jail?
Yes. Class A misdemeanor violations of this offense are punishable by up to 1 year in jail. 730 ILCS 5/5-4.5-55(a). A Class 4 felony violation of this offense is punishable by one (1) to three (3) years in prison. 730 ILCS 5/5-4.5-55(a). It's possible to receive a sentence of up to six (6) years in prison If you are extended-term eligible.
Could my License be Suspended or Revoked?
Yes. Your license will be suspended if any of the following occur during your violation of this offense:
Property Damage- Your license will be suspended for a minimum of ninety (90) days and up to two (2) years if your violation of this offense caused damage to someone else's property. 625 ILCS 5/11-907(e)
Injury- Your license will be suspended for a minimum of one hundred and eighty (180) days and up to two (2) years If your violation of this offense caused injury to another person. 625 ILCS 5/11-907(f)
Death- Your license will be suspended for two (2) years if your violation of this offense resulted in the death of another person. 625 ILCS 5/11-907(g)
How Much Could I be Fined?
The first violation of this offense carries a mandatory fine between two hundred fifty dollars ($250) and ten thousand dollars ($10,000). A second or subsequent violation carries a mandatory fine between seven hundred fifty dollars ($750) and ten thousand dollars ($10,000). 625 ILCS 5/11-907(d).
A Class 4 felony violation of this offense carries a maximum fine up to twenty-five thousand dollars ($25,000). 730 ILCS 5/5-4.5-50
You may also be assessed court costs in addition to any fine.
Collateral Consequences of Aggravated Improper Passing of an Emergency Vehicle
In addition to any criminal penalties, you should consider several other factors:
Secretary of State Suspension or Revocation- The Illinois Secretary of State can suspend or revoke your driving privileges based upon the facts of your case and your driving history.
Commercial Driver's License (CDL)- If you have a Commercial Drivers License (CDL), a traffic ticket could lead to suspension or revocation of your CDL privileges.
Insurance- Your insurance company may consider your traffic offense and driving history when assessing your insurance rates.
Restitution- if you caused property damage or injured another person, the court can order you to pay restitution to the victim as part of your criminal sentence.
Closing Thoughts
Aggravated improper passing of an emergency vehicle is a serious traffic offense that does not allow court supervision. A guilty finding can lead to suspension or revocation of your driver's license, CDL, or changes to your insurance rate. Additionally, you could be sentenced to up to 6 years in prison.
Every case is unique. It is essential to consult with an attorney who can help you determine your best options moving forward. An attorney can review the facts of your case and the evidence against you to help determine the best course of action for you and your case.
If you have received a traffic ticket, we can help. Our firm has defended traffic tickets in the Chicagoland area for over 30 years. Call our office for a free consultation if you have received a ticket in DuPage, Cook, Lake, Kane, Will, or Kendall County.