CHAPTER 11 - RULES OF THE ROAD

625 ILCS 5/11-1431

Sec. 11-1431. Solicitations at crash or disablement scene prohibited.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Class A Misdemeanor

Up to 364 days county jail · Fine up to $2,500

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction SOS Administrative Action

Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).

Classification Class A Misdemeanor
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Soliciting a tow at a crash scene Class A Misdemeanor Rule 551 Mandate Release Eligible
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-1431. Solicitations at crash or disablement scene prohibited.

(a)

(a) A tower, as defined by Section 1-205.2 of this Code, or an employee or agent of a tower may not: (i) stop at the scene of a motor vehicle crash or at or near a damaged or disabled vehicle for the purpose of soliciting the owner or operator of the damaged or disabled vehicle to enter into a towing service transaction; or (ii) stop at the scene of a crash or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, a local agency having jurisdiction over the highway, the owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including his or her insurer or motor club of which the owner or operator is a member. This Section shall not apply to employees of the Department, the Illinois State Toll Highway Authority, or local agencies when engaged in their official duties. Nothing in this Section shall prevent a tower from stopping at the scene of a motor vehicle crash or at or near a damaged or disabled vehicle if the owner or operator signals the tower for assistance from the location of the motor vehicle crash or damaged or disabled vehicle.

(b)

(b) A person or company who violates this Section is guilty of a Class 4 felony. A person convicted of violating this Section shall also have his or her driver's license, permit, or privileges suspended for 3 months. After the expiration of the 3-month suspension, the person's driver's license, permit, or privileges shall not be reinstated until he or she has paid a reinstatement fee of $100. If a person violates this Section while his or her driver's license, permit, or privileges are suspended under this subsection (b), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months, and shall not be reinstated after the expiration of the 6-month suspension until he or she pays a reinstatement fee of $100. A vehicle owner, or his or her authorized agent or automobile insurer, may bring a claim against a company or person who willfully and materially violates this Section. A court may award the prevailing party reasonable attorney's fees, costs, and expenses relating to that action.

(Source: P.A. 102-982, eff. 7-1-23.)

Cross-Referenced ILCS Codes