Last Updated on June 17, 2025 by Beltz Law Group
Beltz Law Group
Speeding in a Texas Construction Zone with Workers Present: What You Need to Know
Protect Your Record: Contact The Beltz Law Group – 214-321-4105
Driving through Texas, you’re almost guaranteed to encounter active construction zones. With the Texas Department of Transportation (TxDOT) constantly working to improve our roadways, these zones are a daily reality on major highways like I-35 and countless other streets. While you expect traffic delays and lane closures, what you might not expect are the severe penalties for speeding in these critical areas, especially when workers are present.
If you’ve received a citation for speeding in a construction zone and want to understand your options, don’t hesitate to contact our experienced legal team today.
More Than Just Doubled Fines: The Long-Term Consequences
Many drivers know that fines for traffic violations are typically doubled when they occur in an active construction zone. This fact alone might tempt you to simply pay the citation or enter a payment agreement with the court to get it over with. However, doing so almost always results in an automatic conviction on your driving record. This conviction can have long-lasting negative impacts, including:
- Increased Insurance Premiums: Insurance companies often view construction zone violations as higher risk, leading to significant increases in your rates.
- Points on Your Driving Record: Accumulating too many points can lead to surcharges, license suspension, or even revocation, especially for repeat offenders.
- Professional Impact (for CDL Holders): For commercial drivers, a conviction for speeding in a construction zone can be particularly damaging, potentially affecting employment and commercial driving privileges.
Before you consider simply paying the ticket, understand that there are legal options available to fight these citations and protect your driving record.
Speeding in a Construction Zone
The Law: Defining a Construction Zone and Penalties
Texas law is very specific about what constitutes a valid construction zone and the penalties for violations within them.
- Fine Doubling: Texas Transportation Code Section 542.404 explicitly allows for fines to be doubled if an offense occurs in a construction or maintenance work zone when workers are present. This means a standard speeding fine could jump from a couple of hundred dollars to a significant four-figure sum, depending on the severity of the offense and local court fees.
- Valid Construction Zone Requirements: Texas Transportation Code Section 472.022 outlines the necessary requirements for a construction zone to be considered active and valid for these enhanced penalties. Key aspects include:
- The zone must be a portion of a highway or street where construction or maintenance is being undertaken (excluding mobile operations).
- It must be clearly marked by signs indicating it is a construction or maintenance work zone, showing where the zone begins and ends, and stating: “Fines double when workers present.”
- Crucially, for the doubled fines to apply for speeding, the zone must also be marked by a sign indicating the applicable maximum lawful speed (per Transportation Code 542.404(c)).
- For penalties under Transportation Code 472.022 (disobeying signs/barricades), the written notice to appear must state on its face that workers were present.
These statutory requirements are essential for determining the legality of your specific citation. If the construction zone was not properly marked, or if workers were not present at the time of the alleged offense, your defense attorney may have grounds to argue against the enhanced penalties or even the ticket itself.
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The State’s Stance: No Deferred Adjudication for “Workers Present” Tickets
A critical aspect of speeding in a construction zone with workers present is that the State of Texas generally does not allow deferred adjudication agreements for these specific offenses.
This is explicitly stated in Texas Transportation Code Section 472.022(f), which notes that Subchapters G and H, Chapter 45A, Code of Criminal Procedure, do not apply to an offense under Section 472.022 committed in a construction or maintenance work zone when workers are present.
Subchapters G and H of Chapter 45A (formerly Articles 45.051 and 45.0511) are the primary legal frameworks for deferred disposition (the formal term for deferred adjudication in justice and municipal courts) and driving safety course dismissals. Their inapplicability means that, unlike many other traffic tickets, you typically cannot simply take a defensive driving course or get deferred adjudication to keep this specific violation off your record.
This underscores why fighting the citation is so important. If convicted, the ticket will appear on your driving record.
Why You Need an Experienced Construction Zone Ticket Defense Lawyer
Because deferred adjudication is usually not an option for these tickets, your best course of action is to challenge the citation directly. An experienced traffic ticket defense lawyer can:
- Investigate the Legality of the Stop and Zone: We will examine whether the construction zone met all the statutory requirements (proper signage, worker presence, etc.) at the time of your alleged offense.
- Challenge the Evidence: This includes scrutinizing the officer’s methods for speed detection, the calibration of equipment, and the accuracy of their observations.
- Negotiate with the Prosecutor: While deferred adjudication may be off the table, there might still be opportunities to negotiate for a dismissal, a reduction to a non-moving violation, or other outcomes that protect your driving record.
- Represent You in Court: If a negotiation isn’t possible, we will vigorously defend your case in court, presenting arguments and evidence on your behalf.
Don’t underestimate the impact of a construction zone speeding ticket with workers present. The doubled fines are just the beginning; the lasting consequences on your driving record and insurance rates can be far more significant.
Contact The Beltz Law Group today to discuss your construction zone citation. Let us put up the fight your citation demands to protect your driving record and your future.
