NC Workzone Speeding

What is the name of your state? North Carolina

My spouse just got ticketed in Durham, NC for speeding at 70 mph in a workzone (faster than 55, but less than 76).

She got the ticket about 2 miles past the actual end of the work zone.

The officer was driving an un-marked vehicle was "leading" a pack of cars going about 60 mph. After the work-zone ended my wife sped up to the posted speed (65 mph) and proceeded to pass the officer. When she got beside him he immediately turned on the blue lights and pulled her over.

The officer said that he was charging her for speeding faster than 55 in the workzone, even though she never sped during the workzone. Recall that she was pulled AFTER leaving the work zone. My thinking is that he was charging her for something that occured several minutes prior, however, he could not have her on the radar as there were tons of other cars behind him, and she never sped until after leaving the work zone.

I also checked out the work zone. This area has been under construction for over 10 years. It is now within days of being completely finished. The "Entering Work Zone" sign is posted just before the road splits at the I-85/US-70 intersection. Once you see this sign there is no other indication of a work zone for 1.3 miles. There are no other signs, no traffic barrels, nothing. Is there any requirement around signage or other indicators for being in a work zone?

I'd like to fight this ticket, as the fine is a mandatory $250, plus you have to pay for the speeding violation, court costs, and whatever else is required. This is a lot of money for something that she did not do.

My wife hasn't had a ticket for about 5 years.

Any advice you have is greatly appreciated.What is the name of your state?

One more thing, the officer put the wrong time on the ticket (4:15PM, instead of the correct time of 5:15PM). We can prove it's the wrong as my wife badges out at work each day.

Also, the officer did not put the exact location or mile marker on the ticket. Is this required?

NC Striver said:

What is the name of your state? North Carolina

My spouse just got ticketed in Durham, NC for speeding at 70 mph in a workzone (faster than 55, but less than 76).

She got the ticket about 2 miles past the actual end of the work zone.

The officer was driving an un-marked vehicle was "leading" a pack of cars going about 60 mph. After the work-zone ended my wife sped up to the posted speed (65 mph) and proceeded to pass the officer. When she got beside him he immediately turned on the blue lights and pulled her over.

The officer said that he was charging her for speeding faster than 55 in the workzone, even though she never sped during the workzone. Recall that she was pulled AFTER leaving the work zone. My thinking is that he was charging her for something that occured several minutes prior, however, he could not have her on the radar as there were tons of other cars behind him, and she never sped until after leaving the work zone.

I also checked out the work zone. This area has been under construction for over 10 years. It is now within days of being completely finished. The "Entering Work Zone" sign is posted just before the road splits at the I-85/US-70 intersection. Once you see this sign there is no other indication of a work zone for 1.3 miles. There are no other signs, no traffic barrels, nothing. Is there any requirement around signage or other indicators for being in a work zone?

I'd like to fight this ticket, as the fine is a mandatory $250, plus you have to pay for the speeding violation, court costs, and whatever else is required. This is a lot of money for something that she did not do.

My wife hasn't had a ticket for about 5 years.

Any advice you have is greatly appreciated.What is the name of your state?

Click to expand...

Your wife should ask for a trial.

At the trial, she should tell her side of the story.

If the judge believes her, she will be found not guilty.

If the judge does not believe her, she will be found guilty.

(I am betting on a guilty finding.)

Was the speed limit in the work zone 55? If it was lower this will result in a suspension. If the zone was not properly marked, this should result in a dismissal. I would go in and talk to the ADA with pictures and try to get it reduced and take a PFJ.

The speed limit was 55 in the work zone. She was cited as going 70 mph, but she said she never got to that speed while in the work zone. The officer was in the unmarked car going about 55 or 60, and lots of cars were jammed up not passing him. Once outside the work zone, the officer continued to go slow and my wife sped up to pass. She said she never went about 65 and he still pulled her. His comment was that he was pulling her for an infraction a few miles back.

NC Striver said:

The speed limit was 55 in the work zone. She was cited as going 70 mph, but she said she never got to that speed while in the work zone. The officer was in the unmarked car going about 55 or 60, and lots of cars were jammed up not passing him. Once outside the work zone, the officer continued to go slow and my wife sped up to pass. She said she never went about 65 and he still pulled her. His comment was that he was pulling her for an infraction a few miles back.

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What evidence of her speed does your wife have?

Unfortunately, nothing other than her word. If only cars came equipped with recording devices for this purpose (of course, we'd figure out how to hack them to suite out needs).

I guess the best recourse for us is to hire a local lawyer, pay the normal fees, and get exploited by they system. Hopefully we can get a good lawyer who knows the ropes, can do his/her handy work to reduce the ticket to something like improper equipment, or some other "old reliable" offense.

Thanks for the advice.


Mike.

NC Striver said:

Unfortunately, nothing other than her word. If only cars came equipped with recording devices for this purpose (of course, we'd figure out how to hack them to suite out needs).

I guess the best recourse for us is to hire a local lawyer, pay the normal fees, and get exploited by they system. Hopefully we can get a good lawyer who knows the ropes, can do his/her handy work to reduce the ticket to something like improper equipment, or some other "old reliable" offense.

Thanks for the advice.


Mike.

Click to expand...

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.





Before you spend $1K on a lawyer, ask the prosecutor if he will lower it to a non-moving violation. If he says no, then hire a lawyer.

A work zone remains a work zone until you see a "End Work Zone" sign.
. . .
(§ 20‑141 j2. Speed restriction) A person who drives a motor vehicle in a highway work zone at a speed greater than the speed limit set and posted under this section shall be required to pay a penalty of two hundred fifty dollars ($250.00). This penalty shall be imposed in addition to those penalties established in this Chapter. A "highway work zone" is the area between the first sign that informs motorists of the existence of a work zone on a highway and the last sign that informs motorists of the end of the work zone. This subsection applies only if a sign posted at the beginning of the highway work zone states the penalty for speeding in the work zone. The Secretary shall ensure that work zones shall only be posted with penalty signs if the Secretary determines, after engineering review, that the posting is necessary to ensure the safety of the traveling public due to a hazardous condition.

A law enforcement officer issuing a citation for a violation of this section while in a highway work zone shall indicate the vehicle speed and speed limit posted in the work zone. Upon an individual's conviction of a violation of this section while in a highway work zone, the clerk of court shall report that the vehicle was in a work zone at the time of the violation, the vehicle speed, and the speed limit of the work zone to the Division of Motor Vehicles.
. . .
I'm very familiar with the area, the work zone ends at Glen School Rd and it sounds like she was tagged well before the end of the zone sign.

That area of the road has never seen construction during the 10+ years of the project but the construction zone speed is heavily enforced by State Police and local LEO's. You do not want to be the fastest car in that stretch of road. Unlikely she can wiggle out of the ticket without professional help.

If she has no previous convictions, a lawyer can probably help avoid the insurance increase. Look for one experienced in traffic law with an office near the Durham Cty courthouse.

You're looking at ~$380 in fines & court costs plus $300-$800 for the attorney.

A conviction will probably increase your insurance 45% the next three years

http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/Trafficpoints.htm