Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-21-2004, 03:58 PM
tkkpage
Guest
 
Posts: n/a
Exclamation

Construction Zone Speeding Woes


What is the name of your state? Texas

I need advice! I received a speeding ticket for going 46 MPH in a construction zone. Unfortunately, I didn't notice that due to construction work being done, the speed limit had been reduced to 25 MPH rather than the usual 40 MPH. The marked off work area was on the corner of two intersecting streets but the cop was parked way down past where the construction zone logically ended but before the sign posting the end of the construction zone. Thus, I had plenty of time to speed up to 46 after turning left onto the street where I received the ticket. I ended up having to line up behind several others who had made the same mistake.

According to my ticket, workers were present (I never saw them!) and as a result, my fine is doubled. Plus, I'm not allowed to take a traffic safety course in order to dismiss the ticket since I got it in a construction zone with workers present.

So my questions are: am I just totally screwed? I'd sure like to fight this if I can but I don't know if I have a leg to stand on.

"Down" in Texas
    Reply With Quote
  #2  
Old 07-21-2004, 11:46 PM
Senior Member
 
Join Date: Aug 2002
Location: Washington
Posts: 3,484
Well, one obvious strategy is to argue that workers were not present, thus reducing the fine & making you eligible for traffic school. You'll need to check the time on the ticket & speak with the site supervisor. If the supervisor agrees there were no workers present, you'll either need to subpoena the supervisor or submit an affidavit from him/her. First find out if the court will accept an affidavit.

You should also look up the definition of "present". Do the workers have to be within a certain distance of where you were speeding? If so, revisit the site & take pictures & measure distances.
__________________
This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:05 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.