Originally posted by Steve_243
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Speeding ticket in construction zone advice
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Originally posted by texan4ut View PostI guess you could go back to where you got the ticket and check to see if it was a construction zone. If not take plenty of pictures and set a court date. Good Luck.
From my experience is prosecutors and judges will allow pictures but they only will be admissible if they are from the time and date of the violation, but every jurisdiction is different. Don’t forget if the officer is out there it’s usually cause they received a complaint from the crew, construction company or Txdot. The officer also have video and still photos in their vehicles and ticket writers if they have the new equipment.
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No real help other than to share my recent experience. I was pulled over last night in a construction zone, 64 in a 50. No workers present. Received a warning, but the officer did inform I was speeding through a construction zone. She didn't make any mention of workers being present or not though. The warning citation does indicate I was in a construction zone.
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Originally posted by hardtner View PostI recently received a speeding ticket by a officer of a City PD, not in my hometown. Where/how fast particulars aren't important, but it was a justified amount over the speed limit to receive a citation.
So I called today to pay my fine and ask about any deferred options they have. Municipal court said that I had no options for deferred because I was in a construction zone with workers present. This came as a surprise to me because I didn't know that I was in a construction zone and wasn't told this by the officer. I certainly have no way to know if workers were present since I didn't even know it was a construction zone. I didn't see any.
I am as pro-cop as they come and I always step up and pay what I owe. I have never disputed any ticket that I have received in my 25 years of driving. I am not arguing that I was speeding, nor do I think I am a victim of some grave injustice. Frankly, I might just pay the double fine so that I don't have to waste time driving an hour + each way and disputing it. But I am considering contesting it for the principle of the matter.
My questions....
1. Is is common for an officer, when giving a citation, to tell the driver that they are in a construction zone with workers present? I would have liked to be told that so that I could confirm. Boxes were checked on the citation indicating such, but I had no reason to study the citation when he handed to me to sign. Now its my word against his. Maybe he checked the boxes by mistake?
2. What are my chances in court if I dispute the ticket? What should my defense/tactic be if I go try to dispute it?
All opinions welcome
It is possible that the check boxes could have been improperly checked I've accidentally done it myself. I would contact the pd give them the location and ask if there is any construction at said location. Also I alway recommend asking for defensive driving before deferment. It's kinda a extra strike. If you go with defensive driving then get pulled over a week later then you can ask for deferment. However with deferment that second time you get pulled over you will be paying for one of those citations for violating the deferment set by the judge. Also if the officer accidentally checked the wrong boxes you may have to show up in person just to sign the correct paperwork and speak with the judge just to change the citation. But the court clerks may know more of that procedure and may have a way of Efiling for signatures.
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No DD or Adjud when in a construction zone...ask me how I know.
I was in a rural area many years ago, traveling at the posted speed BUT they had a construction sign with a slower speed posted WHEN WORKERS ARE PRESENT. I didn't see any. The police lady coming from the opposite direction spun around I pulled over immediately, not knowing I was doing anything wrong. She cited me and said workers were present....they indeed were....working under the little bridge I had just past over. Their truck was parked on the side of the small highway down below road grade level. She WAS technically correct. I paid.
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Originally posted by Calfroper81 View PostWe know they don't start before 8 in the morning. lol this should solve it.
OP what town did this occur?
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I have great contempt for people who get these tickets(but I like you ) as having done road work for 5 years at night...I have had many close calls by inattentive/bad drivers. I have watched a attenuater pillow get smashed feet from where I was standing by someone doing 65 in a coned/barreled/well lit 30mph work zone.
There are usually signs that note when you are entering a construction zone and signs that say double the fine, double the points. Even when work is not taking place, if the signs are up, double the fine,double the points. There can be steel plates,holes, lane changes on roadway. The signs are there to warn you of that.
Please slow down in construction zones....Give'em a Brake.
Good Luck in court.
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