What is improper passing?
Using caution when passing another vehicle is always a must. On a two-lane highway, the left lane should be clearly seen and free of oncoming traffic for a distance great enough to be able to pass, and you must be able to return to your original lane before you get within 200 feet of an oncoming vehicle.
Passing on a two-lane, two-way toll road is permitted, but not in all situations. For example, you are not permitted to pass in an area marked for no passing by a solid yellow line on your side in the center of the roadway, within 100 feet of an intersection or railroad crossing, in a construction zone, in school zones, and in a few other situations.
Drivers who are found unsafely passing authorized emergency vehicles can also be charged with a violation of Illinois’ Scott’s Law, also known as the “Move Over Law”. This law requires drivers to move over and reduce speed when passing an emergency vehicle. For improper passing, you can be convicted of a Class A misdemeanor if the violation does not result in any bodily harm to another.
This can mean up to 364 days in jail and/or a fine of up to $2,500. For those that do result in a bodily injury to another, you can be guilty of a Class 3 felony, which can be a sentence between 2 to 5 years in prison, or those that have an extended term being 5 to 10 years in prison.
What is improper lane usage?
For proper lane usage, you must drive on the right half of the roadway, but there are also a few situations when you cannot. These include when you are passing another vehicle moving in the same direction, a blockage in the lane, a one-way street with two or more lanes of traffic, approaching a stationary emergency vehicle, and other situations.
An improper traffic lane usage ticket is considered a petty offense in Illinois with fines up to $1000 and possible Court Supervision for up to 24 months. Court supervision is in instances of the defendant has a good driving record. And it usually means paying a fine and/or attending traffic school. You are also not allowed to receive another ticket over the next 120 days while under court supervision.
Contact Giannola Legal today for a free consultation for your traffic offense.
