What Is Scott’s Law in Illinois?

 Posted on July 25, 2026 in Traffic violations

Scott's Law is Illinois's "Move Over" law. It requires drivers to slow down and move to a non-adjacent lane, if possible, when approaching stopped emergency vehicles, tow trucks, or maintenance vehicles displaying flashing lights on the road. Getting a Scott's Law citation in 2026, or facing more serious charges after an incident involving an emergency vehicle, can be serious. Our Elgin, IL traffic violations defense lawyer can help you understand exactly what you're facing and how to respond.

What Does Scott's Law Actually Require of Drivers in Illinois?

Scott's Law is codified under 625 ILCS 5/11-907. It requires drivers approaching a stationary emergency vehicle, tow truck, or road maintenance vehicle with activated warning lights to proceed with caution. Drivers must also reduce their speed and move into a lane not adjacent to the vehicle, if it's safe and possible to do so.

If changing lanes isn't safe or possible, the law still requires drivers to slow down significantly and maintain a safe speed while passing. This law exists specifically to protect first responders, tow truck operators, and highway workers who face real danger while working on the side of the road.

Why Was Scott's Law Created in Illinois?

Scott's Law is named after Scott Gillen, a Chicago Fire Department lieutenant. He was struck and killed by a driver while assisting at the scene of a crash on the Dan Ryan Expressway. His death highlighted just how vulnerable emergency responders and roadside workers are when vehicles fail to slow down or move over.

What Are the Penalties for Violating Scott's Law in Illinois?

Penalties for a Scott's Law violation are more severe than many other traffic offenses. Even a first-time violation can bring steep fines. Your license may be suspended as well. Repeat violations carry harsher consequences, and if the violation results in injury or death to another person, the charge can escalate to a felony with the possibility of significant prison time.

What Vehicles Does Scott's Law Actually Protect in Illinois?

Scott's Law applies to a range of vehicles beyond just police cars and ambulances. Protected vehicles include:

• Police vehicles with activated emergency lights
• Fire trucks and ambulances responding to or present at a scene
• Tow trucks assisting a disabled vehicle
• Illinois Department of Transportation maintenance vehicles
• Any vehicle displaying flashing amber, red, or blue lights while stopped on the roadway

This law covers such a wide range of vehicles. Because of this, many drivers don't realize their obligation extends beyond just emergency responders to include tow trucks and road crews as well.

Can You Be Charged With Scott's Law Even if You Didn't Hit Anything?

Many people assume Scott's Law violations only apply when an actual collision occurs. But this isn't the case. You can be cited simply for failing to slow down or move over, even if no contact was made and no one was injured. Officers often issue these citations based on their own observations of a driver's failure to comply with the law. This means the citation doesn't require proof of an accident to be valid.

Can a Scott's Law Charge Be Challenged in Illinois Court?

Several defenses may apply depending on the specific circumstances of your case. For example, you might show that changing lanes wasn't safely possible given traffic conditions at the time. You could also show that the emergency or maintenance vehicle wasn't clearly visible or displaying appropriate warning lights. Or you might show that you did, in fact, reduce your speed appropriately, even if you couldn't change lanes.

Challenging the officer's account of events can also be an important part of a defense strategy. This is especially true if dashcam footage or witness statements contradict their version.

Schedule a Free Consultation With Our Kane County Criminal Defense Attorney

Facing a Scott's Law citation or a more serious charge involving an emergency vehicle can be stressful. This is especially true given how steep the penalties can be compared to typical traffic violations. Attorney Brian J. Mirandola is a former Assistant State's Attorney with 20 years of criminal law experience. This gives him a clear understanding of how these cases are built and prosecuted throughout the Elgin area.

Contact The Law Office of Brian J. Mirandola at 847-488-0889 to talk to our Elgin, IL criminal defense lawyer today.