CITATION IN CONSTRUCTION ZONE WITH WORKERS PRESENT LAWYER
Driving through a construction zone can be a test of patience, but ignoring posted speed limits, especially when workers are present, carries severe consequences in Texas. At the Beltz Law Group, a premier traffic ticket defense firm in North Texas, we understand the complexities of these charges and are dedicated to protecting your rights.
The Gravity of the Offense: Understanding Texas Transportation Code § 542.404
Speeding in a construction or maintenance work zone, particularly when workers are actively on site, is treated with extreme seriousness under Texas law. The rationale is clear: these laws are designed to protect the lives of highway workers who are often just feet away from fast-moving traffic. The penalties reflect this heightened concern, as outlined in Texas Transportation Code § 542.404, “Fine for Offense in Construction or Maintenance Work Zone.”
Traffic Ticket Lawyer
Under this crucial section of the Texas Transportation Code, if an offense (including speeding) is committed in a construction or maintenance work zone when workers are present, the minimum and maximum fines are doubled. This means a routine speeding ticket, which might incur a few hundred dollars in fines, can easily escalate to hundreds or even over a thousand dollars when workers are present. Beyond the hefty financial penalties, a conviction can lead to points on your driving record, potentially increasing your insurance premiums for years to come. In some severe cases, where speeding contributes to an accident, fines can even reach $2,000 or more, along with potential license suspension or revocation.
The “Move Over/Slow Down” law further emphasizes the importance of caution in these areas. While primarily focused on emergency and utility vehicles, it also applies to TxDOT and other highway construction and maintenance vehicles with flashing lights. Drivers are generally required to move over one lane or reduce their speed to 20 mph below the posted limit when approaching these vehicles.
Potential Defenses: It’s Not Always an Open-and-Shut Case
Speeding in a Construction Zone
While the state takes a firm stance on construction zone violations, receiving a ticket does not automatically equate to a conviction. The Beltz Law Group believes that every individual deserves a robust defense. We meticulously examine the details of your case to identify potential avenues for challenging the charges.
Here are some common defenses we might explore:
- Improperly Placed or Obscured Signage: Texas law dictates that construction or maintenance work zones must be clearly marked with signs indicating the applicable maximum lawful speed, as well as where the zone begins and ends, and stating “Fines double when workers present.” If these signs were missing, obscured, or not placed according to legal requirements as specified in the Transportation Code, it could be a valid defense. We can investigate whether the signage was adequate and visible, potentially using photographic evidence or witness testimony.
- Absence of Workers in the Zone: A critical element of the “double fine” provision under Texas Transportation Code § 542.404 is the presence of workers. If you can demonstrate that there were no workers actively present in the designated construction zone at the time of the alleged offense, the increased penalties might not apply. This requires a careful review of the circumstances and potentially challenging the officer’s assertion of worker presence.
- Accuracy of Speed Measurement: As with any speeding ticket, the accuracy of the speed detection device (radar, lidar, or pacing) can be challenged. Factors such as improper calibration, operator error, or environmental conditions could lead to an inaccurate reading.
- Emergency or Necessity: In rare circumstances, it might be possible to argue that speeding was a matter of necessity due to an emergency. This is a high bar to meet and requires substantial proof.
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Why Choose the Beltz Law Group?
The attorneys at the Beltz Law Group have extensive experience navigating the complexities of traffic law in North Texas. We understand the local court systems and the nuances of defending against construction zone violations. We don’t just process tickets; we build strong defense strategies tailored to your unique situation.
If you’ve been cited for speeding in a construction zone with workers present, don’t simply pay the fine. Contact the Beltz Law Group today for a consultation. Let our expertise work for you to protect your driving record, your finances, and your peace of mind.
