speeding in construction zone with no work in progress

[Rob H.]

What is the name of your state? Massachusetts

Hello all,
Well I work an hour away from work and have been driving the same route for 2 1/2 years and am now 30 but havent gotten a speeding ticket since I was 19. The problem is there is a construction zone on Route 290 in Worcester, MA that they have been working on for more than a year now. So its posted 35 MPH which Ive never seen anybody drive, so I leave work at 1 AM and by the time I get to that section its 1:30AM and the regular highway posted speed limit is 65 but I got pulled over for doing 55 MPH in a 35 MPH "Construction Zone" I am furious over this ticket as I cant see driving 35 MPH unless maybe there was actually construction being done or if it was merged into 1 lane but it was 3 lanes wide open 1:30 AM and I was doing 55MPH, 10 miles slower than the highway speed limit. I think the officer could have let me go but he gave me a $400 ticket. Now I need to know if its still a construction zone even though there wasnt any construction being done? And I also plan on appealing this case so I was wondering if anyone could give me a hand on how to present my case and what I need to say or do?

Thanks people.

 

[Zigner]

Sounds to me that, based on the information you provided, the cite was valid.

 

[moburkes]

Are the barrels still up?

What were you cited for? The statute number.

 

[xylene]

Massachusetts law does not differentiate between 'active' and 'inactive' work zones.

Some states do, yours does not.

At 20 mph over the posted limit I would urge you to contact a lawyer, even a low cost one.

While potentially expensive it may offer substantial savings in the long run, esp if you consider all the costs (ins, possible license suspension...)

 

[Rob H.]

Massachusetts law does not differentiate between 'active' and 'inactive' work zones.

Some states do, yours does not.

At 20 mph over the posted limit I would urge you to contact a lawyer, even a low cost one.

While potentially expensive it may offer substantial savings in the long run, esp if you consider all the costs (ins, possible license suspension...)

xylene,
Thanks for comment. So are you saying that it doesnt matter if its active construction zone or not?

 

[Zigner]

xylene,
Thanks for comment. So are you saying that it doesnt matter if its active or not?

Umm, yeah, that's exactly what he said

 

[Rob H.]

Umm, yeah, that's exactly what he said

thanks for clarifying that zinger.

 

[Hey There]

Getting Information

Under Massachusetts law per the freedom of information act you are entitled to the officers notes, copies of your ticket ,front and back, video,method of judging your speed, officer's training to operate a device if one was used and everything that the officer has based your violation on. Speed detection methods used in Ma. are Pacing, Vascar, radar, and lazer. All of these methods have flaws which can cause an error in the readings.
If you were driving at 1:30 at night I would check the sign to see if there might be specific times when the speed limit is in effect for that particular construction zone.
What was the violation # you were cited for? This can help to see the violation when posting a reply.
Read the citation to see if it really applies to you.

 

[Rob H.]

Under Massachusetts law per the freedom of information act you are entitled to the officers notes, copies of your ticket ,front and back, video,method of judging your speed, officer's training to operate a device if one was used and everything that the officer has based your violation on. Speed detection methods used in Ma. are Pacing, Vascar, radar, and lazer. All of these methods have flaws which can cause an error in the readings.
If you were driving at 1:30 at night I would check the sign to see if there might be specific times when the speed limit is in effect for that particular construction zone.
What was the violation # you were cited for? This can help to see the violation when posting a reply.
Read the citation to see if it really applies to you.

Thanks for the reply. Well it was violation #D.

Does anybody know if there is specific times that they are allowed to use the "Construction Zone" as a traffic violation? I feel that the officer purposely used the "Construction Zone" as a tactic to pull over me and possibly others. There was no Construction going on at 1:30AM.

 

[Rob H.]

Also, can anybody help me with a tactic or an approach when I do go to court?