Speeding in construction zone with no workers present?

[dukejoh]

Well,

Like the title says, I was traveling north to Atlanta on I85 and for about 15 miles the interstate is reduced from 4 lanes to 2 lanes on the north bound side and the posted limit is 50mph due to construction zone/workers present. On the morning I was doing 73mph basically keeping up with traffic but was coming off of a hill at the time, there were no workers present but there was a Coweta county deputy.

Since it is a construction/worker zone, this ticket would have a higher fine above the speeding fine. I have never went to court to argue a ticket, but would like the additional fine for workers present dropped. Is this worth arguing?? It hasn't been long enough for the ticket and fine to be posted, so I don't know how much more it will be, but I think it is a few hundred bucks.

What do yall think I should do in this situation?? .... other than obeying all posted traffic signs, etc....

What is the likelihood of the worker's present fine dropped and just pay the speeding??

Caleb

 

[king nothing]

If its posted as a construction zone, your screwed. I dont mess around with those construction zones. Right at the speed limit

 

[VenomRogue]

how do you prove there were no workers present?

on the other side...how does the prosecution prove there where workers present?

They are supposed to have the burden of proof.....whether it works out that way.........


try to make a deal with the prosecutor at a pre-trial conference (thats what its called here in Tx, your state may call it something different)

 

[Lt. ZO6]

how do you prove there were no workers present?

on the other side...how does the prosecution prove there where workers present?

They are supposed to have the burden of proof.....whether it works out that way.........


try to make a deal with the prosecutor at a pre-trial conference (thats what its called here in Tx, your state may call it something different)

Depends on how the statute is written. Many states do not require workers to be present; only the fact the area is a marked construction/work zone.

 

[Hitman318]

They are pretty strict here about construction zones, and that area is very very marked. Plus the fact it went down to 2 lanes, I would say try and talk to the prosecuting attorney before court to see if you could qualify for some type of lower violation. As for getting out of the ticket completely, chances are slim to none and slim is on vacation

 

[Hitman318]

The ticket you were issued is as follows.

Alabama Title 32-5A-176.1

That should be the statute. If you could post wht he actually wrote I could give better information. The number im looking for starts with T32

 

[tistan]

Depends on how the statute is written. Many states do not require workers to be present; only the fact the area is a marked construction/work zone.

This is the way it is here in Ga. If the OP goes to court he doesn't stand a chance.

 

[VenomRogue]

speeding thru a construction zone doesnt matter, he already admitted to that.


the problem is, that "if workers are present" the fine increases (it doubles in Texas)...

so he is just questioning the fine "enhancement"...not the speeding charge itself.

 

[Hitman318]

speeding thru a construction zone doesnt matter, he already admitted to that.


the problem is, that "if workers are present" the fine increases (it doubles in Texas)...

so he is just questioning the fine "enhancement"...not the speeding charge itself.

Thats what im saying, it doesnt make a difference in Alabama. The fine is increased due to the fact its a construction zone alone.

EDIT: Above is incorrect, workers indeed have to be present for the citation to stand. It will be a double fine if workers are present.

 

[VenomRogue]

Thats what im saying, it doesnt make a difference in Alabama. The fine is increased due to the fact its a construction zone alone

ouch.



that sucks.



good luck to the OP.

 

[dukejoh]

The ticket you were issued is as follows.

Alabama Title 32-5A-176.1

That should be the statute. If you could post wht he actually wrote I could give better information. The number im looking for starts with T32

I will get this information. Will the number be similar eventhough I received the ticket in Coweta County GA?? The construction zone is literally 29 miles long and has been this way for a couple years now, so I guess it is easy to not pay it any attention after a while. But I do always respect the posted signs when people are working, but for the most part there will be a handful of guys at one spot on either side of the highway on this extensive stretch. Wife says just pay it and don't waste a day in court, but I am curious if the points are any different or just be able to have the points reduced.

Caleb

 

[Hitman318]

I will get this information. Will the number be similar eventhough I received the ticket in Coweta County GA?? The construction zone is literally 29 miles long and has been this way for a couple years now, so I guess it is easy to not pay it any attention after a while. But I do always respect the posted signs when people are working, but for the most part there will be a handful of guys at one spot on either side of the highway on this extensive stretch. Wife says just pay it and don't waste a day in court, but I am curious if the points are any different or just be able to have the points reduced.

Caleb

If the offense occurred in GA your gonna need a GA LEO to comment, im not familiar with their state codes. Jshen is though and could prolly give you a plethora of info. It will be a different code if it occurred in GA :beer:

I thought the offense occurred in AL

 

[Uncle Meat]

Thats what im saying, it doesnt make a difference in Alabama. The fine is increased due to the fact its a construction zone alone

Hey man got a quick question about this. They are doing all that night time work on I-65 from Montgomery to Prattville. The work is all being done at night and by the time the sun is up all the workers are off the road and on their way home. During the day there are no workers in sight and the speed limit signs specifically state that fines will be doubled IF workers are present. Are you claiming this statement is incorrect? The fine will be the same regardless?

Just Curious since I roll up & down I-65 a couple times every day...

U.M.

 

[Hitman318]

I havent written any tickets in that section so I dont want to give you bad info, but I have seen workers there(not all of them but a few) during the day. So they might still try and give the extra fine. I work on 3rd shift Patrol so I dont see much daylight lol. To be on the safe side go with the flow of traffic and you should be fine. Maybe a couple MPH less than the cars around you to be extra safe. Ill get up with a buddy of mine who is in motors and PM you an answer I know is correct. Our municipal court is weird sometimes and doesnt always go with what I think is right. Just let me get a for sure answer with someone who writes that ticket more often so I dont give you bad info.

I have seen troopers write the ticket even when workers werent present so thats what im basing the above off of. It could be incorrect in Montgomery Municipal Court though, I will get back to you on this Meat. :beer:

 

[usmcrebel]

Thats what im saying, it doesnt make a difference in Alabama. The fine is increased due to the fact its a construction zone alone

The fine shall only be doubled for construction zone violations if construction personnel are present and that fact is indicated by appropriate signs

The signs shall also state that the doubled fines are applicable only when construction personnel are present.

you say it doesn't matter, but the doubled fine here says the above in the code you posted.

 

[Hitman318]

Just got off the phone with my court contact, WORKERS HAVE TO BE PRESENT.

I was incorrect in that, I had assisted a trooper on a stop and a person was issued a citation for it. I had not been familiar with whether or not they needed to be present or if it was just a zone type violation. The speed still stands in that it will be a reduced speed zone, however workers have to be present for a double fine to be brought upon you

 

[usmcrebel]

Just got off the phone with my court contact, WORKERS HAVE TO BE PRESENT.

I was incorrect in that, I had assisted a trooper on a stop and a person was issued a citation for it. I had not been familiar with whether or not they needed to be present or if it was just a zone type violation. The speed still stands in that it will be a reduced speed zone, however workers have to be present for a double fine to be brought upon you

:thumbsup:

 

[Uncle Meat]

Thanks for the timely info xsoutherngun89x! I have to admit that if I slow down to the posted 50MPH on I-65 in that construction zone I get my ass run over!!! Most folks are still rolling at 70+ through that whole construction zone during the day.

U.M.

 

[Hitman318]

Your right meat, its ridiculous. The troopers would make a big difference if they had a unit in that area. But Prattville guys like to write coupons as im sure you are aware of lol.