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Speeding ticket in construction zone advice

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    Speeding ticket in construction zone advice

    I recently received a speeding ticket by a officer of a City PD, not in my hometown. Where/how fast particulars aren't important, but it was a justified amount over the speed limit to receive a citation.

    So I called today to pay my fine and ask about any deferred options they have. Municipal court said that I had no options for deferred because I was in a construction zone with workers present. This came as a surprise to me because I didn't know that I was in a construction zone and wasn't told this by the officer. I certainly have no way to know if workers were present since I didn't even know it was a construction zone. I didn't see any.

    I am as pro-cop as they come and I always step up and pay what I owe. I have never disputed any ticket that I have received in my 25 years of driving. I am not arguing that I was speeding, nor do I think I am a victim of some grave injustice. Frankly, I might just pay the double fine so that I don't have to waste time driving an hour + each way and disputing it. But I am considering contesting it for the principle of the matter.

    My questions....

    1. Is is common for an officer, when giving a citation, to tell the driver that they are in a construction zone with workers present? I would have liked to be told that so that I could confirm. Boxes were checked on the citation indicating such, but I had no reason to study the citation when he handed to me to sign. Now its my word against his. Maybe he checked the boxes by mistake?

    2. What are my chances in court if I dispute the ticket? What should my defense/tactic be if I go try to dispute it?

    All opinions welcome

    #2
    would the outcome be different if the officer had told you?

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      #3
      Any chance there were no workers actually present when the citation was written? Time of day? Weekend?

      I disputed the same issue several years ago, as there were no workers present at the time of my citation (Sunday). Fine was cut in half...

      Comment


        #4
        Can’t necessarily help with your questions, but i would argue my case in court. I have heard the officer would need to be present at the court date, but that could be wrong.

        If I was you I would argue to try and get it deferred instead of getting out of it. I would assume your chances would be better.

        Comment


          #5
          Originally posted by Ouch View Post
          Any chance there were no workers present when the citation was written? Time of day? Weekend?

          I disputed the same issue several years ago, as there were no workers present at the time of my citation (Sunday).
          7:31 Monday morning

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            #6
            on any ticket ive received, there was a checkbox for construction zone. Might check that? Never ticketed in a contruction zone but the time i blew through a school zone (not typical for me, bus was blocking my view of the light) and when I was pulled over, the officer let me know it was a school zone

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              #7
              Originally posted by hardtner View Post
              7:31 Monday morning
              We know they don't start before 8 in the morning. lol this should solve it.

              Comment


                #8
                Hard to beat, cause it’s a safety issue kinda like school zone or passing a emergency vehicle or not moving over. The court will look at location time and date see if in fact it is a construction zone and the workers don’t have to be right next to the road but as long as they’re worksite ,since they’re constantly moving personnel and equipment. Wrote lots of them in my last 11 years as a traffic officer and motorcycle officer never saw anyone beat one, all depends on prosecutor and judge if they want to hear your side and lower the cost.


                Sent from my iPhone using Tapatalk

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                  #9
                  Originally posted by coy-ote View Post
                  Hard to beat, cause it’s a safety issue kinda like school zone or passing a emergency vehicle or not moving over. The court will look at location time and date see if in fact it is a construction zone and the workers don’t have to be right next to the road but as long as they’re worksite ,since they’re constantly moving personnel and equipment. Wrote lots of them in my last 11 years as a traffic officer and motorcycle officer never saw anyone beat one, all depends on prosecutor and judge if they want to hear your side and lower the cost.


                  Sent from my iPhone using Tapatalk
                  When you wrote those tickets, would it be common procedure for you to inform the driver that they are in a construction zone? or...Would you just check the boxes on the ticket and hand it to the driver with no mention of it?

                  Comment


                    #10
                    Originally posted by Calfroper81 View Post
                    We know they don't start before 8 in the morning. lol this should solve it.


                    How bout the overnight crews? Some work different hours, we did advise folks what the violations was could be the officer didn’t want to hear a lot of verbal abuse so he checked the box and let you figure it out as you read the citation,bad thing about that is the person will be even more upset when they find out the fine is doubled. Never hurts to go in person and speak to a prosecutor, some judges will throw out a citation if the wrong violation was written too many variables to cover.


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                      #11
                      Just hire a ticket dismissal lawyer.....and slow down

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                        #12
                        PM inbound Andrew.


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                          #13
                          Originally posted by hardtner View Post
                          When you wrote those tickets, would it be common procedure for you to inform the driver that they are in a construction zone? or...Would you just check the boxes on the ticket and hand it to the driver with no mention of it?


                          I always told everyone of the the correct violation no matter how mad they got, but that was me, I tried no to be so robotic and have a just sign here mentality, I explained to the person where the construction zone started and ended and if the workers were present.some would say I don’t see the workers and I’d ask did you see the orange signs? Did you see the construction zone signs barrels or barriers or barricades all those are indicators you’re in a construction zone!!! But we also made sure the sign was up and hadn’t been knocked over or moved before we wrote any citations.


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                            #14
                            I guess you could go back to where you got the ticket and check to see if it was a construction zone. If not take plenty of pictures and set a court date. Good Luck.

                            Comment


                              #15
                              If this was a TxDOT project, I can't imagine they don't log work zone times for multiple reasons. Might chase that with the TxDOT district office.
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