Q: i was given a ticket in illinois for scotts law. I was on a busy expressway. If i plea not guilty could it get dismissed
it was a busy expressway. The officer was on the side of the road. He was parked with his flashers going. I slowed down but couldnt pull over to the left because of traffic.
After I and many other cars passed him up, he turned off his lights. A few feet later he turned them back on and ticketed me. I didnt think i did anything wrong. If I go to court could it get dismissed?
A: I don't know what Scott's Law is, but I'm guessing it has something about pulling into the left lane when an emergency vehicle has it's flashers on. If so, yes, it is possible.
A:
Hello Asker,
First, a disclaimer. These tickets are rare and I have never personally dealt with them. I had to do the research just to write this answer so understand that some figures such as fine amounts are based on estimations rather than past experience. That said...
It would appear that you were given this ticket because of a violation of 625 ILCS 5/11-907(c). This is commonly known as Scott's Law and is designed to protect officers during traffic stops, presumably after the death of an officer named Scott. It calls for drivers to change lanes if possible and slow down when passing an emergency vehicle displaying lights. The fact that he gave you the ticket implies one of a few things. It means that the officer felt you 1). had room to change lanes, 2). were driving too close to him for comfort, AND/OR 3). didn't slow down sufficiently.
The first thing you should determine is if you caused any property damage, however minor, or personal injury. Doing so will result in an IMMEDIATE suspension REGARDLESS of if you receive court supervision regardless of the extend of damage. My recommendation would be to thoroughly inspect your car to ensure there are no visible marks of damage or impact. If not, then the risk of proceeding to trial is minimized. This is because it is a business class offense (punishable only by fine between $100 and $10,000). In practice, most business class traffic offenses are given fines of a few hundred dollars if parties are found guilty though given the seriousness of this charge, I'd say the upper bound is closer to $1,000).
Lastly, it will be your word against his. My recommendation should you proceed without an attorney is to review the statute I have posted here and ensure that you attack one of the elements that must be proven. Too many defendants without counsel argue irrelevant details and fail to discuss why their action did not meet the requirements for guilt under the statute.
Hope that helps and let me know if you have further questions!
Sincerely,
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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