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Workers present for ticket?

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evanznotdead

Junior Member
In Virginia, I was ticketed for "failure to obey highway sign" for speeding in a work zone even though I was not exceeding the normal speed limit. It was at 12:30 AM and no workers were present. According to § 46.2-878.1, I believe workers have to be present for me to receive a penalty. Is this correct and could I beat this ticket?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


HighwayMan

Super Secret Senior Member
You apparently answered you own question:


§ 46.2-878.1. Maximum speed limits in highway work zones; penalty.

Operation of any motor vehicle in excess of a maximum speed limit established specifically for a highway work zone, when workers are present and when such highway work zone is indicated by appropriately placed signs displaying the maximum speed limit and the penalty for violations, shall be unlawful and constitute a traffic infraction punishable by a fine of not more than $500.

For the purposes of this section, "highway work zone" means a construction or maintenance area that is located on or beside a highway and marked by appropriate warning signs or other traffic control devices indicating that work is in progress.

Nothing in this section shall preclude the prosecution or conviction for reckless driving of any motor vehicle operator whose operation of any motor vehicle in a highway work zone, apart from speed, demonstrates a reckless disregard for life, limb, or property.
 

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