What is Improper Passing of an Emergency Vehicle?
Improper passing of an emergency vehicle is defined at 625 ILCS 5/11-907(c). This statute requires that any driver approaching a stationary emergency vehicle with its lights activated to take the following actions:
1) If possible, make a lane change into the adjacent lane with due regard for safety and traffic conditions; or
2) If changing lanes is impossible or unsafe, the driver must reduce speed, maintain a safe distance from the emergency vehicle, and safe speed until past the stationary emergency vehicles.
Background
Also known as "Scott's Law," this statute was named after Chicago Fire Lieutenant Scott Gillen, who was struck and killed by a motorist while assisting at the scene of a crash. Lawmakers created Scott's law to protect emergency personnel at traffic stops and emergency scenes.
What are the Penalties for Improper Passing of an Emergency Vehicle?
Improper passing of an emergency vehicle in violation of 625 ILCS 5/11-907(c) is a business offense. 625 ILCS 5/11-907(d). However, you could be charged with a Class A misdemeanor or Class 4 felony for Aggravated Improper Passing of an Emergency Vehicle if you cause property damage, injury, or death during the commission of this offense.
Possible Sentences: Conditional Discharge
The only disposition available for this offense is a conviction or conditional discharge. 730 ILCS 5/5-4.5-80. Probation is not an option for a business offense. 730 ILCS 5/5-4.5-80. Court supervision is not an available sentence. 730 ILCS 5/5-6-1(f)
Will my License be Suspended or Revoked?
If any of the following occur during your violation of this offense, your license will be suspended:
Property Damage- If a violation of this offense caused damage to someone else's property, your license will be suspended for a minimum of ninety (90) days and up to two (2) years. 625 ILCS 5/11-907(e)
Injury- If a violation of this offense caused injury to another person, your license will be suspended for a minimum of one hundred and eighty (180) days and up to two (2) years. 625 ILCS 5/11-907(f)
Death- If a violation of this offense caused the death of another person, your license will be suspended for two (2) years. 625 ILCS 5/11-907(g)
How Much Could I be Fined?
A first violation of this offense carries a mandatory fine between two hundred and fifty dollars ($250) and ten thousand dollars ($10,000). A second violation carries a mandatory fine between seven hundred and fifty dollars ($750) and ten thousand dollars ($10,000). 625 ILCS 5/11-907(d). You may also be assessed court costs in addition to any fine.
Collateral Consequences of a Speeding Ticket
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.
Closing Thoughts
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.
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.