Scott’s Law Tickets at the Elgin Branch Court in Kane County – What You Need to Know

If you’ve received a Scott’s Law ticket and your case is being heard at the Elgin Branch Court in Kane County, you may be feeling confused, overwhelmed, and unsure of what to expect. As a criminal defense attorney with extensive experience handling Scott’s Law cases at the Elgin Branch Court, I’m here to explain what Scott’s Law is, why it’s taken so seriously by law enforcement and prosecutors, and what your options are for fighting the charge and protecting your driving record, your license, and your future.

What is Scott’s Law?

Scott’s Law, also known as the “Move Over Law,” is one of the most aggressively enforced traffic laws in Illinois. Enacted in honor of Lieutenant Scott Gillen of the Chicago Fire Department, who was tragically killed by a driver who failed to slow down and move over while he was assisting at an accident scene, the law was created to protect first responders, law enforcement officers, and roadway workers on the side of the road.

Under Scott’s Law (625 ILCS 5/11-907(c)), drivers are required to:

• Slow down,
• Yield the right-of-way, and
• Move over to another lane (if safe to do so)

when approaching any vehicle with flashing emergency lights, including police vehicles, fire trucks, tow trucks, construction vehicles, and utility service vehicles.

Violations of Scott’s Law are treated very seriously, especially in recent years due to a growing number of tragic accidents involving first responders. Illinois law enforcement agencies and prosecutors have made it a priority to crack down on these offenses, which is why it’s crucial to have an experienced defense attorney on your side if you’re facing a Scott’s Law ticket in Kane County.

The Elgin Branch Court – What Happens There?

The Elgin Branch Court is one of the satellite courts of the Kane County Circuit Court. Located at 150 Dexter Court in Elgin, Illinois, the Elgin Branch Court primarily hears traffic violations, ordinance violations, and certain misdemeanor cases that occur within its jurisdiction, which includes various municipalities in the northern part of Kane County.

If you received your Scott’s Law ticket from the Illinois State Police, a county sheriff’s deputy, or a local police department in towns like Elgin, Carpentersville, South Elgin, or East Dundee, your case will likely be scheduled for a hearing at the Elgin Branch Court.

Who Prosecutes Scott’s Law Cases in Elgin?

One unique aspect of the Elgin Branch Court is that not all cases are prosecuted by the Kane County State’s Attorney’s Office. Depending on which law enforcement agency issued the ticket and where the alleged offense occurred, your case may be prosecuted by a village prosecutor or by an assistant state’s attorney from Kane County.

For example:

• If your Scott’s Law violation occurred in a home rule municipality like Elgin or South Elgin, the case may be handled by a municipal prosecutor employed by the city or village.
• If the ticket was issued by the Illinois State Police or in an unincorporated area of Kane County, the Kane County State’s Attorney’s Office will likely handle the prosecution.

Understanding who is prosecuting your case is critical. Village prosecutors often take a more negotiation-based approach, while the State’s Attorney may pursue the case more aggressively, especially given the heightened public awareness and media attention around Scott’s Law violations in recent years.

The Consequences of a Scott’s Law Violation

A Scott’s Law ticket is not your average traffic ticket. It is classified as a petty offense for a first-time violation, but the penalties can be severe, and the law has been amended several times to increase the potential consequences. In 2020, penalties were enhanced again, and judges now have less discretion to issue lenient sentences.

Here’s what you could be facing for a first offense:

• A mandatory minimum fine of $250 (up to $10,000),
• Court supervision, which may include traffic school or community service,
• Mandatory appearance in court (you cannot simply pay the ticket online),
• A permanent record of the violation on your driving history,
• Driver’s license suspension if there is property damage, injury, or a second offense.

For repeat offenses or if the violation resulted in injury or death, the consequences are even more severe:

• Criminal misdemeanor or felony charges,
• Jail time,
• Substantial fines and court costs,
• Long-term license revocation.

Examples of Scott’s Law Cases at the Elgin Branch Court

As an attorney who regularly defends Scott’s Law cases in Kane County, I’ve represented numerous clients at the Elgin Branch Court. Here are a few examples of how these cases often play out:

Case Example 1: Driver Failed to Move Over for Police Car on I-90

A client was ticketed for not moving over for a state trooper who had pulled over another driver on the shoulder of I-90. The weather conditions were clear, and the client slowed down but didn’t change lanes. The State’s Attorney’s Office prosecuted the case. After reviewing the dashcam footage and negotiating with the prosecutor, we were able to reduce the fine, avoid a license suspension, and secure court supervision so the client’s record stayed clean.

Case Example 2: Municipal Scott’s Law Ticket in South Elgin

Another client received a Scott’s Law citation from the South Elgin Police Department for failing to move over for a tow truck with flashing amber lights. This case was prosecuted by a village attorney. Because the client had no prior traffic record and was cooperative with the officer, I successfully negotiated a reduced fine and court supervision with no points on the driver’s license.

Case Example 3: Second Offense Scott’s Law Violation in Elgin

A more serious case involved a driver with a prior Scott’s Law ticket who was stopped in Elgin after failing to slow down near a road crew. Since this was a second offense, the Kane County State’s Attorney’s Office treated it more seriously. We presented mitigating circumstances and the client’s efforts at traffic education and community service. The judge issued court supervision with a significantly higher fine but avoided jail time or license suspension.

Why You Need an Attorney for a Scott’s Law Case in Elgin

A Scott’s Law ticket is not something you want to face alone. Prosecutors and judges take these violations very seriously, especially at the Elgin Branch Court, where law enforcement is particularly aggressive in enforcing this law.

I’ve helped countless drivers protect their licenses, reduce or eliminate fines, and avoid the long-term consequences of a conviction. I understand how these cases are handled by both municipal prosecutors and the Kane County State’s Attorney’s Office, and I know how to negotiate for the best possible outcome based on the specifics of your case.

Contact James Dimeas – Experienced Scott’s Law Attorney at the Elgin Branch Court

If you’ve been cited for a Scott’s Law violation in Kane County, contact me today. I offer a free consultation and will give you honest, practical advice about your case. Don’t wait until it’s too late — your license, your record, and your future are too important to take chances with.

Call now at 847-807-7405 or fill out our online contact form to schedule your free consultation. Let’s take the first step toward resolving your Scott’s Law ticket the right way!