DuPage County Failure to Yield to Emergency Vehicle Lawyer

Defense Attorneys for Scott's Law Violations in Westmont, Hinsdale, and Oak Brook

No matter where you drive, you will regularly encounter emergency vehicles. It might be an ambulance rushing a heart attack victim to the hospital or a police officer directing traffic around the scene of a highway collision. It is important to remember the right actions to take when you see emergency vehicles, and to be aware that the wrong response could result in a traffic ticket or worse.

At Kathryn L. Harry & Associates, P.C., we understand that mistakes made under stress can easily happen to anyone, and that a minor driving decision can sometimes have unintended consequences. If you have been ticketed for Failure to Yield, we will help you understand the applicable law and strive to get you the best possible outcome.

Two Types of Failure to Yield Violations

Illinois law makes a distinction between failing to yield to a moving emergency vehicle and failing to yield to a stopped emergency vehicle.

Failure to Yield to an Approaching Emergency Vehicle: The rule in Illinois is "Pull to the right for sirens and lights." In other words, pull over and stop as close as possible to the right side or curb until the emergency vehicle has passed. Failure to do so is a ticket-able moving violation, punishable by a fine and traffic school. This petty offense is not punishable by jail time, and no court appearance is necessary, but a conviction does go on your driving record and counts toward the sum of offenses that can result in suspension of your driver's license.

Failure to Yield to a Stopped Emergency Vehicle (the Move Over law): When approaching a stopped emergency vehicle, drivers in Illinois are required by law to take extra care, reduce speed, and move over a lane away from the emergency vehicle where possible, to protect police and other emergency personnel working on or near the roadway. Any vehicle authorized by law to use rotating or flashing lights is considered an emergency vehicle under this law.

The Move Over law is also known as Scott's Law, in memory of firefighter Scott Gillen, who was struck and killed by a drunk driver in 2000 while assisting at the scene of an accident on a Chicago freeway.

Penalties for Violating the Illinois Move Over Law

A violation of the Move Over law is punishable by a fine of no less than $250 and as much as $10,000 for a first offense, and $750 to $10,000 for subsequent offenses. If a violation results in damage to someone else's vehicle, a driver may be charged with a Class A misdemeanor, which is punishable by a jail sentence of up to one year. A violation of Scott's Law that causes injury or death to another person is a Class 4 felony offense, punishable by a jail sentence of three to five years.

Someone who commits a Move Over violation while driving under the influence will also be subject to a mandatory suspension of their driver's license if the incident resulted in harm to another person in the form of property damage, injury, or death. Under these circumstances, the Secretary of State must, by law, suspend the convicted offender's driver's license for 90 to 365 days for property damage, 180 days to two years for personal injury, and two years for a death. This mandatory Move Over suspension period will be imposed on top of any other suspensions that may be imposed on the offender (such as the statutory summary suspension imposed when a driver refuses or fails an intoxication test), thus extending the total time of suspension.

Contact a Wheaton Traffic Violations Defense Lawyer

If you have been ticketed for failing to yield to or move over for an emergency vehicle, particularly if it puts you at risk of driver's license suspension, speak with an experienced DuPage County ticket defense lawyer immediately about possible defense strategies. The attorneys of Kathryn L. Harry & Associates, P.C. have decades of experience in defending clients charged with traffic violations and protecting their driving privileges. For a free initial consultation, call 630-472-9700. Serving DuPage County, including Oak Brook, Lombard, Elmhurst, Hinsdale, Downers Grove, Addison, Wheaton, and Westmont.