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#1
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Construction Zone Speeding WoesWhat 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 |
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#2
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| 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. |
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