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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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IL defense lawyerThe road is dangerous enough on its own, but when driving through a construction zone, there are many other obstacles to be aware of. Therefore, instead of speeding up, drivers are expected to slow down and be extra alert in case of holes in the road, barricades, and workers doing their jobs.

Speeding within a construction zone is a traffic violation and can be considered reckless driving. This is because a driver who is traveling too fast through a work zone is putting themselves, other drivers, and construction workers at risk of injury or death.

Punishments can be as simple as a traffic ticket for speeding in a construction zone or as serious as facing felony reckless homicide penalties.

Rules of Construction Zones

The Illinois Department of Transportation reported that from 2010-14 there were 4,500 motor vehicle crashes within construction zones. Of that number, 1,100 people were injured and 27 were killed.

The two most common reasons for these collisions are distracted drivers and speeding. Whether there are workers present or not, a car can be pulled over for speeding and be issued a ticket. An appearance in court is mandatory after a violation as well as paying a fine:

  • $375 for first offenders
  • $1,000 for second and subsequent offenders

If a driver commits two speeding offenses within a construction zone in the span of two years, the Illinois Secretary of State will suspend the driver’s license for a period of 90 days.

Enforcement in Construction Zones

Of course, there can be police officers posted at construction zones to catch people speeding. There are also photo speed enforcement devices that can be set up in construction zones when no police officers are physically present, but workers are.

These devices capture images of the speeding vehicle including license plates and the rate of speed the car is traveling. Then, authorities have 14 days to mail the ticket or else the driver cannot be charged for the crime.

Severe Results from Speeding in Construction Zones

If a driver is traveling too fast through a work zone, they are less likely to see workers who are doing their jobs. Often, construction zones are full of large equipment that is hard to see around and so motorists should slow down in case a worker suddenly appears from behind a large object.

If a worker is hit and killed by a motorist, that driver can face a Class 2 felony charge of reckless homicide. This punishment is a prison term of 3-14 years.

Contact an Elgin, IL Traffic Violation Attorney

Being issued a speeding ticket within a construction zone does not mean the driver will automatically have to pay the fine. Drivers can appear in court with a knowledgeable attorney who can build a defense. The lawyers of the Law Office of Brian J. Mirandola can make sure the ticket was not issued unlawfully or that the driver’s right were being violated in any way during the traffic stop. To schedule an appointment with a Kane County traffic violations lawyer, call our office at 847-488-0889.

 

Source:

http://www.idot.illinois.gov/assets/uploads/files/travel-information/pamphlets-&-brochures/workzone%20il%20fact%20sheet.pdf

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Avvo Illinois State Bar Association Kane COunty Bar Association
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