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Old 12-03-2008, 01:39 PM
 
15 posts, read 77,640 times
Reputation: 17

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Quote:
Originally Posted by allydriver View Post
It is supervision, not probation. If the term of supervision is without further incident, nothing will be on the the drivers record.

Your Guide to Illinois Traffic Courts (http://www.illinoislawyerfinder.com/publicinfo/TrafficCourts.shtml - broken link)

Yes that is my understanding as well. The lawyer said he might be able to get the entire thing dropped or amended to a lesser sentence but there is no guarantee and I might just end up with the same settlement plus the lawyers fee.
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Old 12-03-2008, 01:44 PM
 
15 posts, read 77,640 times
Reputation: 17
Quote:
Originally Posted by linicx View Post
NO!!!! DO NOT take the DAs offer. You do not need probation or points assessed. Your insurance will skyrocket or they can drop you. The money for the attorney is not the point. It is how much real trouble a CONVICTION with probation can AFFECT you and your FAMILY IN THE FUTURE.

WERE YOU SPEEDING? If you were then that is another issue.
Not speeding but the lawyer said the DA could amend the violation to whatever he wanted based on the circumstances. Crazy isn't it?
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Old 12-03-2008, 07:41 PM
 
Location: Not where you ever lived
11,544 posts, read 25,985,320 times
Reputation: 6248
I hope you read the part about supervison that has to do with traffic court, community service, and you still might have to appear in court. Did you speak with an IL lawyer?
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Old 12-03-2008, 07:47 PM
 
Location: Not where you ever lived
11,544 posts, read 25,985,320 times
Reputation: 6248
Penalties for violating Scott’s Law include:

a fine of not more than $10,000; suspension of driving privileges for a period of up to a year but not less than 90 days for damaging another person’s property; suspension of driving privileges for a period of not less than180 days but no more than two years for injuring another person; a two-year suspension of driving privileges for causing the death of another person.

The ISP encourages motorists to follow these precautions when approaching an emergency vehicle with its lights activated:

Slow down and proceed with caution. Yield the right-of-way by changing into a lane not immediately adjacent to the emergency vehicle. Be prepared to pull over to the right-hand side of the roadway and stop if directed to do so. Be watchful of the movement of emergency personnel and equipment. Nolen advised the legislation applies to all vehicles displaying flashing lights, including highway maintenance vehicles.
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Old 12-04-2008, 06:21 AM
 
15 posts, read 77,640 times
Reputation: 17
I spoke with IL lawyer. The way I understood it court supervision just meant I had to stay clean for 3 months (ie. no tickets in Illinois) then the violation would not be reported. I don't plan to travel to IL anytime soon so that seems a safe bet. Also I have a MD driver's licencse so IL cannot revoke it regardless. I don't like the deal the DA offered but I just want to get this over with ASAP. If I fight it this will drag on until next year. Thanks for your advice however.
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Old 12-05-2008, 12:34 AM
 
Location: Chicago
38,690 posts, read 89,169,700 times
Reputation: 29451
Sorry to hear about your predicament. Scott's Law is incredibly vague and consequently is ripe for arbitrary enforcement; and so far, judges have gone along with it. You should know that in my numerous years of zooming across the Illinois highways that I have found IL state troopers to be unusually reasonable and fair, so please don't take your experience as an indictment of our law enforcement. Unfortunately, Scott's Law enforcement has emerged as the one area where troopers fall out of their "reasonable and fair" groove, most likely because of the law's ambiguity. If the law were clarified, there would probably be a lot fewer pissed-off motorists with Scott's Law tickets. In the meantime, make sure to move over for flashing lights the next time you drive through Illinois because it's the best way to ensure against receiving a Scott's Law ticket.
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Old 12-09-2008, 10:34 AM
 
Location: St Louis County, MO
711 posts, read 1,869,112 times
Reputation: 340
Quote:
Originally Posted by zbob99 View Post
I received a Scott's Law (Move Over Law) ticket yesterday on I-64 near Mt Vernon. The trooper's vehicle was stopped, well off on the side of the road, with lights flashing, no other cars around or any people around -- it did not look like an emergency situation. I normally slow down and move to an alternate lane if the situation looks hazardous but this one did not. I just thought this was some sort of "friendly" warning to keep to the speed limit, which I did. Also, I try to minimize lane changing for safety reasons.

I have never heard of this law and I am from Maryland where we do NOT have this law. No excuse, I know, but it still seems terribly unfair to expect outsiders to be familiar with this new law.

Illinois also seems to use this law abusively and actually sets traps to catch unaware motorists like me. This trooper was clearly not doing anything emergency related. He was just sitting there with lights flashing for no reason except as an entrapment setup.

The penalties are also outrageous. Mandatory requirement of a court appearance is unfair especially for out-of-towners like me. Also the fines are excessive --$150 to well over $300. Also, a person's license can be revoked and it can affect insurance rates? It is really unbelievable how overzealous the IL police and courts are pushing this.

I agree in principle with the spirit of the law but the aggressive style of enforcement is abusive, unfair and wrong. Anyway I have this ticket and a court date in January. I cannot afford to take time off from work and fly back to Illinois for court appearance. Some have suggested hiring a lawyer. I am totally distressed about this. Anyone have any suggestions on what I should do? Thanks.

Bob
The people who lost their family member, who was volunteering his service as a rural firefighter on the highway by a careless Greyhound bus driver, would probably disagree.
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Old 12-09-2008, 11:51 AM
 
Location: Middle America
36,594 posts, read 41,876,404 times
Reputation: 50396
Quote:
Originally Posted by muleskinner View Post
Good luck and I hope it works out for you.I hope you beat it because I have seen them pulling this same stunt on rural highways and imo it is VERY dangerous.Maybe if enough tickets get thrown out they'll move on to something else equally as assinine.They have REALLY cracked down on pickup trucks that have a trailer ball on their bumper saying that it obstructs the view of the plate numbers.ANY excuse to get your money without them having to work for it is becoming their motto.
I got the "Your trailer hitch is obscuring the view of your license plate sticker" ticket years ago, when I was a 16-year old driving my mom's station wagon home from babysitting. That's been a scam for years.

I like Scott's Law in theory, but I really don't think it should be applied as a coffer-filler, when an officer is just sitting by the side of the road waiting to ticket people, not out responding to an actual emergency. The enforcement isn't even in the spirit of the law.
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Old 12-09-2008, 12:21 PM
 
Location: Democratic Peoples Republic of Redneckistan
11,102 posts, read 13,185,633 times
Reputation: 3923
Quote:
Originally Posted by TabulaRasa View Post
I got the "Your trailer hitch is obscuring the view of your license plate sticker" ticket years ago, when I was a 16-year old driving my mom's station wagon home from babysitting. That's been a scam for years.

I like Scott's Law in theory, but I really don't think it should be applied as a coffer-filler, when an officer is just sitting by the side of the road waiting to ticket people, not out responding to an actual emergency. The enforcement isn't even in the spirit of the law.
I agree totally.
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Old 12-09-2008, 12:36 PM
 
Location: Democratic Peoples Republic of Redneckistan
11,102 posts, read 13,185,633 times
Reputation: 3923
Quote:
Originally Posted by AJohnston_STL View Post
The people who lost their family member, who was volunteering his service as a rural firefighter on the highway by a careless Greyhound bus driver, would probably disagree.
Big difference here.The trooper WASN'T working a scene of any kind,no other vehicles around him and was far off the road....ALL things claimed by the OP and if true (which I have no reason to doubt in the least,do YOU??) then Bob was just basically ripped off by the state with another scam.

Why don't YOU find out if his family thinks it's a good idea to use their dad's,brother's,son's name just to write money tickets on OR if they think it might honor him a bit better to use the law for it's intended purpose and not be made a mockery of???

EXACT LANGUAGE IN STATE LAW:
(625 ILCS 5/11‑907) (from Ch. 95 1/2, par. 11‑907)
Sec. 11‑907. Operation of vehicles and streetcars on approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this Code or a police vehicle properly and lawfully making use of an audible or visual signal,
(1) the driver of every other vehicle shall yield
the right‑of‑way and shall immediately drive to a position parallel to, and as close as possible to, the right‑hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer and
(2) the operator of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
(b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the right‑of‑way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least 4 lanes with not less than 2 lanes proceeding in the same direction as the approaching vehicle; or
(2) proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.
As used in this subsection (c), "authorized emergency vehicle" includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under Section 12‑215 of this Code, while the owner or operator of the vehicle is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section commits a business offense punishable by a fine of not less than $100 or more than $10,000. It is a factor in aggravation if the person committed the offense while in violation of Section 11‑501 of this Code.
(e) If a violation of subsection (c) of this Section results in damage to the property of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.
(f) If a violation of subsection (c) of this Section results in injury to another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for a fixed period of not less than 180 days and not more than 2 years.
(g) If a violation of subsection (c) of this Section results in the death of another person, in addition to any other penalty imposed, the person's driving privileges shall be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record of a judgment entered against a person under subsection (c) of this Section:
(1) suspend the person's driving privileges for the mandatory period; or
(2) extend the period of an existing suspension by the appropriate mandatory period.
(Source: P.A. 92‑283, eff. 1‑1‑02; 92‑872, eff. 6‑1‑03; 93‑173, eff. 7‑11‑03; 93‑705, eff. 7‑9‑04.)
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