Another ticket for going 73 in a 60 MPH Construction Zone.

[ineedhelp81]

What is the name of your state? Arkansas

I swear, I have been a really good driver and has learned my lesson since that last mistake and this time it was for something as meaningless as going 73 in a 60 MPH construction zone on the freeway and it was at night when no crews were working. No one obeys that speed limit even during the day, I swear I will slow down to 60 in the zone while traveling to work each day, when crews are out working and everyone will start passing me and speeding on, but nothing happens to them and I was going this limit at night whe nobody was around. I should have a good fight here, otherwise I am sure to loose my license or go to jail.

 

[AlanShore]

I don't know you driving history but if theres the potential for losing your license you need to hire a lawyer. You have no legal grounds for argument in anything you said above. It's not that you dont have a good fight, you don't have any fight at all. Hire a lawyer close to the court and hope he can get it reduced.

 

[Ozark_Sophist]

No sympathy for the ticket. I always obey construction road signs because I know from first hand experience what its like to have death drive by scant feet away.

One of the reasons the speed limit remains lowered when no workers are present is the costs and risks associated with continually changing speed limit signs. Costs include extensive labor (say it takes 1/2 hour to change signs--the crew can't start working until the signs are changed, so this adds a full hour of wasted labor time each day--at least) and project delay. In addition, putting crew on the road to change signs exposes them to more hazards.

 

[ineedhelp81]

Ridiculous!

Yet everyone else, when I slow down to 60 when going through that lane, no matter what, they start passing me and speed on.

No sympathy for the ticket. I always obey construction road signs because I know from first hand experience what its like to have death drive by scant feet away.

One of the reasons the speed limit remains lowered when no workers are present is the costs and risks associated with continually changing speed limit signs. Costs include extensive labor (say it takes 1/2 hour to change signs--the crew can't start working until the signs are changed, so this adds a full hour of wasted labor time each day--at least) and project delay. In addition, putting crew on the road to change signs exposes them to more hazards.

 

[AlanShore]

Yet everyone else, when I slow down to 60 when going through that lane, no matter what, they start passing me and speed on.

Yeup, I probally be one of the people passing you. But its still no legal defense.
You were speeding. End of story.

 

[trieroffact]

Work Zone Traffic Regulations - when applicable

You do have some legal arguments. The speed zone only applies when workers are perfoming work. Also, Hope the signs were not posted properly, including the advanced warning signs.

Print this section of the MUTCD out.
http://mutcd.fhwa.dot.gov/HTM/2003r1/part6/part6c.htm#section6C03

compare it with what is present at the site (take pictures).

Per Arkansas Stae Code: 27-50-408

The work zone speed limit only applies when work is being performed, not during dormant periods.

"Highway work zone" means any area upon or adjacent to any highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress by employees of the Arkansas State Highway and Transportation Department, the counties or the municipalities of this state, or any contractors of the State Highway Commission or the counties or municipalities.

Furthermore, the area has to be posted properly

(c)(1) The additional fines and penalties shall not be assessed unless signs, either permanent or temporary, were present at the time of the violation in advance of the highway work zone warning the traveling public that fines are double in highway work zones.

(2) The signs shall be located no greater than one (1) mile nor less than one thousand five hundred feet (1,500') in advance of the highway work zone.

(3) Furthermore, the additional fines or penalties for speeding shall not be assessed unless signs, either permanent or temporary, are posted in advance of the highway work zone indicating the maximum speed limit to be obeyed while traveling through the highway work zone.

(4)(A) All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices.

(B) The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the Arkansas State Highway and Transportation Department in order that the signs shall be uniform throughout the state.

 

[Jim_bo]

No sympathy for the ticket. I always obey construction road signs because I know from first hand experience what its like to have death drive by scant feet away.

One of the reasons the speed limit remains lowered when no workers are present is the costs and risks associated with continually changing speed limit signs. Costs include extensive labor (say it takes 1/2 hour to change signs--the crew can't start working until the signs are changed, so this adds a full hour of wasted labor time each day--at least) and project delay. In addition, putting crew on the road to change signs exposes them to more hazards.

Is it just me, or do stupid posts like this one piss others off as well? The OP comes here for some advice on a legal matter and Mr. Holier-than-thou hits him with a lecture. I'm sure if the OP wanted that, he would have logged onto "FREELECTURE.com".

By the way, Trieroffact, good post!!

Jimbo

 

[The Occultist]

Is it just me, or do stupid posts like this one piss others off as well? The OP comes here for some advice on a legal matter and Mr. Holier-than-thou hits him with a lecture. I'm sure if the OP wanted that, he would have logged onto "FREELECTURE.com".

By the way, Trieroffact, good post!!

Jimbo

Yeah, because your post adds so much information as well. You may wish to reanalyze who is displaying the "Mr. Holier-than-though" attitude. *sigh* this means I can be accused of that now as well...

Anywho, OP, no offense, but your actions are rather stupid. If everybody is speeding, and you speed as well, odds are you will not be the one pulled over for speeding. If you're the only car on the road and you're speeding, you're definitely a little more noticeable. Come on, people, if you're gonna break the law, at least throw a little intelligence into it.

Also, please don't call 13mph over "meaningless". In AZ, they've recently changed felony speeding to merely 15 over, meaning they could arrest you for going 75 in a 60 if they were so inclined, so 13 over doesn't seem so meaningless to me. I know you're in AK and the rules are a little different there, but hopefully you still understand my point.

*sigh* and don't get me started on your claim about having learned your lesson...

 

[Ozark_Sophist]

Look, I covered hearings for the Senate Judicary Committee when this issue was tossed about for hours. Until you listen to testimony of widows and children of highway workers who died as a result of speeding drivers, drivers that pass in construction zone, and inattentive drivers, you can't say the reduced speeds are idiotic. The reason I gave in my previous post is just one of the many rationales for maintaining reduced speed limits overnight or during lunch break, etc.

In Missouri, the reduced speed limit applies at all times because how does the driver know when he drives up on a long construction zone that there are no workers? If he doesn't see any, does that justify speeding until he sees a worker? No, it is a legally posted speed and should he exceed the limit, he should be punished.

Tieroffact- you are wrong. Speed limits apply when work is being performed or is in progress by employees. You need to define dormancy and in progress to understand this. In addition, you would have to explain how a driver determines a project is dormant when the legally posted signs direct a reduced speed limit.

In addition, even if you show the work zone is dormant, the OP is still guilt of speeding (73 in a 60). The section you provided only provides the criteria for the doubling of the fines, etc.

 

[trieroffact]

Tieroffact- you are wrong. Speed limits apply when work is being performed or is in progress by employees. You need to define dormancy and in progress to understand this. In addition, you would have to explain how a driver determines a project is dormant when the legally posted signs direct a reduced speed limit.

In addition, even if you show the work zone is dormant, the OP is still guilt of speeding (73 in a 60). The section you provided only provides the criteria for the doubling of the fines, etc.

The work has to be in progess and workers present for the reduced speed limit to apply - The law is as written not as you wish it would read....sorry. and that section is very clear - along with having to post the temporary highway work zone according to the MUTCD (thus the shall be posted section). How you argue there is a hazard when no workers are present is beyond me... The strict adherence to the law works both ways.