Speeding in a Construction Zone Carries Significant Penalties

 Posted on December 30, 2014 in Criminal Defense

Sometimes a temptation is too much to bear: orange cones restricting Illinois drivers to a single lane of traffic, a speed limit set far below the normal limit for the road, and no one else around. Regardless of whether he is trying to reach his destination faster or she simply fails to see the traffic signage, an Illinois driver who is charged with speeding in a construction zone can face serious fines and administrative penalties.

What is a Construction Zone?

 Although most individuals are familiar with what a “construction zone” is, the term actually has a specific legal definition. A “construction zone” must meet the following characteristics:

• Be an area of roadway; and
• Have signage from the Department of Transportation, Toll Highway Authority, or other local agencies alerting drivers that a construction or maintenance speed zone is being approached; or
• Have signage from the Department of Transportation, Toll Highway Authority, or other local agencies that indicates a lower speed is appropriate.

In addition, the signs mentioned in the statute must be of a design approved by the Illinois Department of Transportation. In particular, the signs must:

• Be of an approved design;
• State that a construction or maintenance speed zone is being approached;
• Indicate the maximum speed limit in effect for the construction or maintenance speed zone; and
• State the minimum fine for a violation.

Construction Zone Violations Carry Serious Penalties

The minimum penalty for speeding in a construction zone is $375.00, even if the driver is a first-time construction zone violator or one who simply was not paying attention. A second violation is punishable by a fine of $750.00. This does not include any higher insurance premiums faced because of a conviction.

Not only this, but if you are convicted of speeding in a construction zone twice within a two-year period and on both occasions there were workers present in the construction or maintenance zone, your license and driving privileges can be suspended for up to 90 days.

Defeating a Construction Zone Ticket

When you have been charged with speeding in a construction zone, you may be tempted to simply pay the ticket and “get it over with.” As described above, however, this can result in hefty fines and other negative consequences. You may be able to defeat your construction zone ticket if, for instance:

• There was no signage alerting you as to the construction zone; The signage present did not conform to the Illinois Department of Transportation design specifications; The signage did not contain the required information; or Evidence showing you were speeding is not present.

Because of the serious consequences that may result from a construction zone ticket, obtaining competent and aggressive representation is a good choice. Hal M. Garfinkel, dedicated Chicago criminal defense attorney, has years of experience defending his clients against serious charges. Contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today at 312-629-0669.