Is a Construction Zone Ticket Worth Fighting?

 Posted on February 03, 2023 in Traffic violations

If you are in a rush, driving through a construction zone can certainly be frustrating. However, it is in your best interest to be patient and obey the slower posted speed limits through these work zones. More than 6,700 motor vehicle accidents occur in Illinois construction zones every year leading to more than 1,600 injuries, often because people are driving too fast. Choosing to speed through construction zones can lead to more than a mere construction zone ticket; you could wind up in jail and tarnish your driving record.

Legal Consequences for Speeding in a Construction Zone

Depending on the situation, it may be worth fighting a speeding ticket through a construction zone if you want to try to avoid serious legal ramifications. In Illinois, construction zone speeding is more serious than a regular speeding ticket because you stand to lose your driver’s license. The minimum fines if you get a ticket for speeding in a construction zone are $250 for first-time offenders and $750 for second-time offenders. If you get a second construction zone speeding violation, you could lose your driver’s license for three months.

In the state of Illinois, aggravated speeding charges are also possible. If you are driving 26 mph or more above the speed limit, it can be either a Class B or Class A misdemeanor, depending on how far over the speed limit you were traveling:

• Traveling 26 mph but less than 35 mph is a Class B misdemeanor, leading to up to six months in jail and a $1,500 fine.
• Traveling 35 mph or more is a Class A misdemeanor, leading to up to one year in jail and a $2,500 fine.

Possible Defenses

Things are even more serious for commercial drivers who could lose their commercial driver’s license and jeopardize their employment for speeding in a construction zone. You could get a speeding ticket even if construction workers are not working in the designated work area. Here are some effective defense strategies to challenge a construction zone ticket:

• Signs should be posted with the maximum speed limit and the minimum fine for a violation. This alerts drivers about construction ahead, however, if the speed limit is not clearly marked or it is difficult to read due to snow or vandalism, we could try to have the charges dropped or reduced.
• If you are cited for a construction zone violation that does not automatically mean you are guilty. A ticket can be issued to you in person or mailed out to you within 14 business days of the alleged incident. If this does not happen, we can argue to have the charges dropped.
• Devices that detect speeds can be placed within 500 feet of signs in a construction zone. But, the prosecution would not be allowed to use any evidence obtained from those devices. The devices are mainly present to enforce the speed limit.

Contact an Elgin, IL Construction Zone Ticket Attorney

A speeding ticket through a construction zone can lead to serious legal consequences. The The Law Office of Brian J. Mirandola believes in creating the best defense for its clients. A skilled Kane County construction zone ticket attorney can help you to protect your driving record and have charges reduced or dismissed. Call 847-488-0889 for a free consultation.

Sources:

https://ilga.gov/legislation/ilcs/documents/062500050K11-605.1.htm

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2619&ChapterID=49

https://www2.illinois.gov/IISNews/24757-%E2%80%9CWork_Zones_Are_a_Sign_to_Slow_Down%E2%80%9D_.pdf