Speeding ticket in an inactive construction zone?

Question

I got caught going 65 in a 45 mph stretch of a construction zone. However, it was a holiday and there was nobody working there, and the original speed limit of the road was 65. The cop didn't write it up as happening in construction zone and acted like he was doing me a favor. The question is, are the speed limits of construction zones valid when there is no construction? Can I fight the speeding ticket and expect a judge to dismiss it?

Answer 1

Yes the speed limits of construction zones are valid when there is no visible construction. UNLESS, there is a posted sign stating "While workers are present" is there a difference. The judge might dismiss your ticket. Then again the judge might add to your ticket. In all honesty it sounds like you came across a cop in a good mood and you are lucky. You probably should have asked the officer though because the ticket was to his discretion. Cops don't do what ever they want they enforce the law they are not the law.

Answer 2

DUI/Drinking charge would be worth fighting, however, a speeding ticket is not.  You will waste more time and money fight it than it is worth.  Simply, pay the the ticket and dismiss it with traffic school - it will be like it never happen.

Now-a-days, traffic school has become so easy, you can do it ON-LINE.  Check out http://www.TicketRelief.com they were quick, easy, and I did it an day!

Answer 3

cops can do anything

Answer 4

if it's posted - that settled it

the slower speed may help to get around cones or lane changes

yeah he did you a favor - had there been workers present

the fine automatically gets doubled - judge or no judge (in FLA)

just remember - if you fight it - the judge can double it for you, too

20 over the limit is willful and wanton reckless driving

Answer 5

There is no requirement for construction workers to be present. The only requirement is the area has signs indicating it is a construction zone.

There are other reasons for the reduced speed... rough roads, sudden lane changes, narrower lanes, uneven pavement, reduced visibility, etc.

Answer 6

Even if it was a inactive speed zone it was still posted a speed zone.  sounds like bullshit but yes The cop still could of given you a ticket don't try and fight it.

Answer 7

No, it's still a construction zone where there is loose gravel and other debris on the road. The law is in place to protect the construction works but also to protect you from unseen hazards. I was in the car when my friend got pulled over for the same things. He talked to a traffic lawyer and that was the response the lawyer gave him.

Answer 8

we got pulled over in the same scenario so idk,maybe u should talk to a lawyer.

Answer 9

It depends on what state. In Ohio there has to be workers present in the zone. Now just because there were none in your stretch doesn't matter, as long as they were in some part of the zone. That may not be the case for other states. You can fight it all you want but you admitted that you were in fact speeding so why would you. Construction zone or not you were over the posted limit. The 45 limit is still valid even if there no workers present, but the "fines doubled in construction zone" doesn't unless workers are present.

Answer 10

I am not sure about that. I always follow the posted limit (as in the construction zone limit) even if there are no visible crew members. You can try to fight it, but if there is a law saying you have to slow down even if there are no crew around..than you have no chance of having it dismissed.

Answer 11

Use common sense.  Just because there are no workers it doesn't mean its not a construction zone.  There is still equipment there, road signs, possibly detours, etc.

The officer did do you a favor, as a construction zone citation doubles the fine.  Feel free to fight the ticket, although I bet if you go to court the construction zone would be added to the charge, doubling the fine.  Just because the charge on the citation you got didn't say construction, I would bet that the comments on the officers portion does include that fact, which the judge would see.

I rarely wrote citations for every violation I saw, unless the person was a real prick.  I did however write the other violations in the comments.  Each time I went to court over a traffic violation the prosecuting attorney added the other charges to the original citation.