By: Beltz Law Firm
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Speeding In A Construction Zone Tickets In Addison, TX
Addison Speeding Ticket Defense Attorney
Speeding in a construction zone violations are probably the most heavily penalized moving violation there is as a class “c” misdemeanor. For this reason, it is important to understand what the law is and how to protect yourself from the severe punishments attached to these types of violations. This article is intended to help those charged with speeding in a construction zone understand the difficulties of defending these offenses. If you would like to contact our speeding ticket attorneys in Addison after reading this article, feel free to contact us today.
Speeding In Construction Zone Law
The laws are a bit scattered when it comes to truly understanding a construction zone speeding offense. We like to start our consultation with new clients at the end of the case discussing punishment and settlement options in order for the client to fully understand the difficulty any attorney will have when faced with the defense of a speeding ticket in a construction zone.
Article 45.051 Of The Code of Criminal Procedure
This code section is referred to as the “deferred adjudication” provision of the Code. It allows for successful settlements of most class “c” misdemeanors where a person can keep the violation off their permanent record short of going to trial and being acquitted. The Code provision states the following with regard to speeding in construction zone violations:
- (f) This article does not apply to:(1) an offense to which Section 542.404, Transportation Code, applies
Section 542.404 Of The Transportation Code
The next question becomes, “what does Section 542.404 of The Transportation Code apply to? That code section is listed below:
- Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK ZONE. (a) If an offense under this subtitle, other than an offense under Chapter 548 or 552 or Section 545.412 or 545.413, is committed in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed:(1) the minimum fine applicable to the offense is twice the minimum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone; and(2) the maximum fine applicable to the offense is twice the maximum fine that would be applicable to the offense if it were committed outside a construction or maintenance work zone.(b) In this section, “construction or maintenance work zone” has the meaning assigned by Section 472.022.
Section 472.022 Of The Transportation Code
A legal work zone as defined by Section 472.022 is as follows:
- (2) “Construction or maintenance work zone” means a portion of a highway or street:(A) where highway construction or maintenance is being undertaken, other than mobile operations as defined by the Texas Manual on Uniform Traffic Control Devices; and(B) that is marked by signs:(i) indicating that it is a construction or maintenance work zone;(ii) indicating where the zone begins and ends; and(iii) stating: “Fines double when workers present.”
As one can see there are many “road blocks” to keeping a speeding in a construction zone off a person’s driving record. Each case has to evaluated on an individual level to ascertain the court’s policies and procedures, the facts and the driving record of the driver. If you would like our experienced Addison, Texas speeding ticket attorneys to review your case contact us today.