Violating Scott’s Law in Illinois Can Now Carry More Serious Penalties

 Posted on January 28, 2026 in Criminal Defense

In 2026, Illinois expanded Scott’s Law to protect more roadside workers after an increase in deadly crashes involving people working near active roadways. The change was meant to improve safety, but it also means drivers now face more severe traffic violations if they are accused of not slowing down or moving over when required. If you are dealing with a citation, a Lake County, IL traffic violations defense lawyer can help you understand what the updated law requires and what options may be available.

What Is Scott’s Law in Illinois?

Scott’s Law is Illinois’s "move over" law. It requires drivers to slow down and, when possible, change lanes when approaching certain stopped vehicles with flashing lights.

The law is designed to protect people who must work on the side of the road, often in dangerous conditions. Many violations happen because drivers are forced to make quick decisions in traffic, not because they are intentionally ignoring the law.

Who Does Scott’s Law Cover in Illinois?

Scott’s Law applies to more than just police vehicles. It covers a wide range of people who work along the roads. Depending on whether they were in authorized vehicles with activated lights while performing roadside duties, the law can address:

• Police officers

• Firefighters

• Emergency medical personnel

• Tow truck drivers

• Highway maintenance crews

• Utility workers

Drivers are expected to respond safely and cautiously when approaching these situations.

What Are Drivers Required To Do Under Scott’s Law?

Under 625 ILCS 5/11-907(c), drivers approaching a stopped authorized vehicle with flashing lights must reduce speed and proceed with caution. When traffic conditions allow, drivers are also required to change lanes away from the stopped vehicle.

If changing lanes is not safe due to traffic or road conditions, drivers must still slow down well below the posted speed limit. Many Scott’s Law cases come down to whether a lane change or speed reduction was realistically possible at the time. These details matter when a citation is reviewed.

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

Penalties for a Scott’s Law violation depend on the situation and whether anyone was hurt. Possible consequences may include:

• Fines and court costs

• Points on your driving record or license consequences

• Criminal charges if the incident involved injury or death

• Increased penalties for repeat violations

Under 625 ILCS 5/11-907(d), violations that result in injury or death can lead to misdemeanor or felony charges.

Is a Scott’s Law Violation a Traffic Ticket or a Criminal Charge?

In some cases, a Scott’s Law violation may begin as a traffic ticket. In others, especially if there was an accident or injury, the charge can become criminal. For example, a driver who fails to slow down or move over for a stopped emergency vehicle may receive a traffic citation. If that same situation involves a collision, property damage, or injury to a roadside worker, the charge may be upgraded to a criminal offense.

When a violation is treated as a criminal offense, the consequences can be more serious. These may include mandatory court appearances, higher fines, license consequences, or even a criminal record. Knowing how the charge is classified helps determine what penalties may apply and how the case should be handled.

What Defenses May Be Available for a Scott’s Law Violation?

Every Scott’s Law case depends on what was happening on the road at the time. Many drivers are cited during congested traffic, poor weather, or situations where safe options are limited.

Possible defenses often focus on whether a lane change was realistically available, whether the driver slowed down appropriately, and whether traffic or road conditions made compliance unsafe. Other defenses may involve whether the stopped vehicle was clearly visible or whether emergency lights were properly activated. Reviewing video footage or other evidence can help show what actually occurred.

Schedule a Free Consultation With Our Lake Zurich, IL Traffic Violations Defense Attorney

If you are facing a Scott’s Law citation or charge, you deserve clear information and a fair review of what happened. At The Law Offices of Matthew R. Gebhardt, P.C., you will work with an attorney who previously served in the Cook County State’s Attorney’s Office and has broad experience in criminal and real estate law throughout Illinois. That background provides valuable insight into how traffic violations are charged and evaluated. Contact our Lake County, IL traffic violations defense lawyer at 847-239-4703 to schedule a free consultation to start building your defense today.