Scott’s Law Defense Attorney – Evan E. Randall – Improper Passing of an Emergency Vehicle
The Illinois legislation is constantly increasing the penalties for Scott’s Law violations. The Secretary of State is also chiming in and created additional problems for drivers. Evan E. Randall is a criminal defense attorney who has successfully represented the driver’s on McHenry County for years. You can find the statute at 625 ILCS 5/11-907.
Generally charged as a petty offense, there are instances where a Scott’s Law violation is charged as a criminal offense as well.
- Damage is caused to another vehicle – elevates the offense to a class a misdemeanor (punishable by up to a year in jail and /or a $2,500 fine)
- Personal injury or death is caused – elevates the offense to a class 4 felony(punishable by one to three years in prison)
A criminal charge carries increased penalties and can effect the driver’s job opportunities, criminal background checks, and right to own a firearm. A trained attorney minimizes the impact and maximizes the chances of getting the ticket dismissed.
The fines have been steadily going up. As of now, the first offense has a minimum fine of $250. A second offense has a minimum fine of $750. These are in addition to the court costs.
Defenses to Improper Passing of an Emergency Vehicle Tickets
Many defenses exist to a Scott’s law ticket. For starters, the emergency vehicle must have emergency lights activated. If the police officer does not tesitfy to having these lights activated, then the State’s Attorney has failed to prove each element of the charge. Dismissed.
Second, if the driver moves over into the further lane, regardless of the speed they are travelling, the statute has been complied with. Dismissed.
Third, if the video shows that the driver hit his brakes and, even for a brief period of time, slowed down, then the driver arguable complied with the statute. Dismissed.
Evan E. Randall has reviewed the legislative transcripts and committee comments discussing Scott’s Law. The way that the statute is put into effect is often at odds with the legislative intent in enacting the law.
Only an experienced and properly trained defense attorney should be consulted to review a ticket for Scott’s Law violations. Free consultations can be had over the phone or in our office and allow drivers the opportunity to discuss their case with Evan E. Randall. Contact us today.