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How Can I Fight a Construction Zone Ticket in Illinois?

Posted on in Traffic violations

IL defense lawyerConstruction zone tickets are not just any usual traffic violation ticket; since these types of traffic violations involve the safety of construction workers, they often carry with them steeper penalties and fines. However, getting one of these tickets does not mean you must accept the consequences without question or litigation. There might have been legitimate reasons why you were unable to follow the rules of the construction zone, or maybe the government itself did not properly handle administering the penalties. No matter what your circumstances, here are some of the most common strategies for fighting a construction zone ticket.

Three Common Strategies for Fighting a Construction Zone Ticket

With the right lawyer, strategies like these can be used to successfully defend you against a construction zone ticket.

Prove the Government Did Not Properly Handle Administration of the Penalty: If for some reason the ticketing process did not go as smoothly as it usually does, the authorities might not have handled it correctly. In those cases, much like criminal defense cases, procedural errors can help you defeat these tickets. Examples of the authorities’ failure to comply with their own rules of ticketing include:

  • Neglecting to send the ticket within a specified amount of time (in most cases, 14 days according to the law)
  • Camera functionality issues that did not adequately and fairly capture the violation
  • Flawed construction zone worker testimony or records concerning the case

Establish an Argument About Difficult Driving Conditions: Inclement weather always impacts driving in some way, especially highway driving. In this sense, it is not always entirely your fault for breaking the zone’s rules. For instance, you might have:

  • Missed the signs about the construction zones and the possible penalties due to snow covering them
  • Been unable to see that it was a construction zone due to dense fog
  • Slid on an icy patch that caused your car to veer or speed up beyond the guidelines of the construction zone

Provide Evidence of Sign Legibility Issues: Your lawyer might be able to prove that the signs were not clearly marked, making it difficult for you to be made aware of the construction zone. Possible reasons for the lack of clarity on the sign might include:

  • Graffiti or other vandalism that conceals the messages on the signs or markings on the road
  • As mentioned earlier, weather conditions that also cover the notices about the zone
  • Small print or otherwise unclear markings on the signs due to manufacturer error

Contact an Elgin, IL, Traffic Ticket Attorney

Contact a Kane County construction zone ticket lawyer by calling 847-488-0889 for a free consultation. With more than 20 years of legal experience, the Law Offices of Brian J. Mirandola can offer you key insights and strategies that will assist you in fighting that construction zone ticket and not having to worry about paying hefty fines or dealing with stiff penalties.

 

Sources:

https://www.illinoistollway.com/projects/work-zone-safety

https://www.irtba.org/Safety

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Avvo Illinois State Bar Association Kane COunty Bar Association
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