What is the name of your state (only U.S. law)? Texas
I was traveling down a dark backroad that cuts through a forest preserve. They are doing some work there during the day and the speed limit for the zone is 20 mph. I was on the road around 7:30 or 7:40 pm. There were no workers present nor was there any equipment or markers in the road. The beginning of the speed zone is in the middle of a sharp downhill slope (the road has a sharp downhill slope and then right into an uphill slope). I just started down the slope (my husband and 18 month old were with me) and I saw lights up ahead on the uphill part of the road and I thought I was coming up on an accident because the lights were across the span of the two lane road. As I got closer, I noticed the vehicle with the lights was backing up into the forest preserve parking area (lights still flashing), so I stopped thinking he was trying to turn around. I sat there for several seconds and then realized the car wasn't going to be leaving that parking entrance while I sat there. I honestly didn't think I'd done anything wrong, so I wasn't concerned he was going to pull me over. After I passed, he got behind me and I fully expected him to go around. He didn't, so I pulled over once I got out of the forest area (about 50 yards or less up the road).
I was taught in driver's ed (that would have been in 1997) that work zones signs for speeds are only effective when workers are present. When the officer came to my window he said I was speeding - I was going 47 in a 20. I said "I thought that the work zone limit was only for when the zone is open and workers are present" (mind you, it's pitch black on this road once the sun is down - there are no lights). He said "No. You were speeding." He wouldn't speak to me at all or answer my questions but to ask if my DL address was still correct. He came back after a few minutes and gave me the citation. He didn't ask for my husband's ID, he didn't check the backseat to ensure my son was properly retrained, he didn't ask me for my phone number yet it was on the citation, he didn't ask me where I was going or coming from. Nothing. He was clearly in a rush to hand out more tickets to unsuspecting drivers innocently going the regular speed limit. I was pulled over a bit in my youth and I'm used to the routine. I've never had an officer not ask me any questions to make sure he hasn't pulled over someone that could possibly be a danger to the public.
I traveled back down the road to check on the placement of the speed limit zone sign to make sure I was correct that his lights were on before I could have been considered speeding, even if the limit applies at that time. I went 20 both directions and I nearly got rear-ended. I caused a traffic jam of 4 or 5 cars and each car went around me. It's very dangerous on that road to be slowed so much, because of the hills and darkness - limited visibility at night.
I have every intention of fighting this - especially since I clearly wasn't endangering anyone or being negligent in a dangerous sense. I also was taught contrary to what he said was the law.
Can anyone tell me what the law IS regarding the speed limit enforcement in work zones? Again, no workers had been present for several hours since the sun was completely down by 5:30 and it was coming upon 8PM when I was stopped. There were no cones, no closed lanes or shoulders, no equipment - empty. The work actually is happening within the forest at the shoulder (I think they may be building a shoulder, actually) and I DO go 20 when workers are present - I've seen them working and they have to be out in the road sometimes. I've looked in the current driving handbook and nothing is clear. I've been on the DPS and DOT websites and can't find anything. All I can find about speeding in work zones is that traffic fines are doubled when workers are present.
Please, help. I need this information. We didn't have enough money to pay all of our bills this month, anyway. Now I really can't afford to pay my bills. With this being over 25 mph over limit, I cannot take Def. Driving or Def. Adjudication.
I was traveling down a dark backroad that cuts through a forest preserve. They are doing some work there during the day and the speed limit for the zone is 20 mph. I was on the road around 7:30 or 7:40 pm. There were no workers present nor was there any equipment or markers in the road. The beginning of the speed zone is in the middle of a sharp downhill slope (the road has a sharp downhill slope and then right into an uphill slope). I just started down the slope (my husband and 18 month old were with me) and I saw lights up ahead on the uphill part of the road and I thought I was coming up on an accident because the lights were across the span of the two lane road. As I got closer, I noticed the vehicle with the lights was backing up into the forest preserve parking area (lights still flashing), so I stopped thinking he was trying to turn around. I sat there for several seconds and then realized the car wasn't going to be leaving that parking entrance while I sat there. I honestly didn't think I'd done anything wrong, so I wasn't concerned he was going to pull me over. After I passed, he got behind me and I fully expected him to go around. He didn't, so I pulled over once I got out of the forest area (about 50 yards or less up the road).
I was taught in driver's ed (that would have been in 1997) that work zones signs for speeds are only effective when workers are present. When the officer came to my window he said I was speeding - I was going 47 in a 20. I said "I thought that the work zone limit was only for when the zone is open and workers are present" (mind you, it's pitch black on this road once the sun is down - there are no lights). He said "No. You were speeding." He wouldn't speak to me at all or answer my questions but to ask if my DL address was still correct. He came back after a few minutes and gave me the citation. He didn't ask for my husband's ID, he didn't check the backseat to ensure my son was properly retrained, he didn't ask me for my phone number yet it was on the citation, he didn't ask me where I was going or coming from. Nothing. He was clearly in a rush to hand out more tickets to unsuspecting drivers innocently going the regular speed limit. I was pulled over a bit in my youth and I'm used to the routine. I've never had an officer not ask me any questions to make sure he hasn't pulled over someone that could possibly be a danger to the public.
I traveled back down the road to check on the placement of the speed limit zone sign to make sure I was correct that his lights were on before I could have been considered speeding, even if the limit applies at that time. I went 20 both directions and I nearly got rear-ended. I caused a traffic jam of 4 or 5 cars and each car went around me. It's very dangerous on that road to be slowed so much, because of the hills and darkness - limited visibility at night.
I have every intention of fighting this - especially since I clearly wasn't endangering anyone or being negligent in a dangerous sense. I also was taught contrary to what he said was the law.
Can anyone tell me what the law IS regarding the speed limit enforcement in work zones? Again, no workers had been present for several hours since the sun was completely down by 5:30 and it was coming upon 8PM when I was stopped. There were no cones, no closed lanes or shoulders, no equipment - empty. The work actually is happening within the forest at the shoulder (I think they may be building a shoulder, actually) and I DO go 20 when workers are present - I've seen them working and they have to be out in the road sometimes. I've looked in the current driving handbook and nothing is clear. I've been on the DPS and DOT websites and can't find anything. All I can find about speeding in work zones is that traffic fines are doubled when workers are present.
Please, help. I need this information. We didn't have enough money to pay all of our bills this month, anyway. Now I really can't afford to pay my bills. With this being over 25 mph over limit, I cannot take Def. Driving or Def. Adjudication.
