Speeding in a work zone is more dangerous than speeding on a regular stretch of a highway. Workers on the side of the road are particularly vulnerable to fatal or serious accidents. In fact, sadly, we’ve had too many tragedies caused by unsafe driving in work zones. The New York Legislature and DMV have, therefore, responded by making speeding in a work zone a more serious offense than regular speeding.
A work area is defined under Vehicle And Traffic Law Section 160 as “that part of a highway being used or occupied for the conduct of highway work, within which workers, vehicle, equipment, materials, supplies, excavations, or other obstructions are present”. As defined above, even when work is not actively being done (i.e., off hours), it is still considered a “work area”.
Speeding in a work zone is treated more seriously than a regular speeding ticket in various ways. First, the minimum fines are doubled for motorists convicted of speeding in a work zone. Below is a fine schedule for a speeding ticket conviction (exclusive of surcharge):
Exceeded speed limit by 1 to 10 mph: $45 (min.) to $150 (max.)
Exceeded speed limit by 11 to 30 mph: $90 (min.) to $300 (max.)
Exceeded speed limit by 31+ mph: $180 (min.) to $600 (max.)
For a speeding in work zone conviction, the basic minimum fines jump to $90, $180 and $360 respectively. For a second work zone speed conviction, the maximum fines are $300, $450 and $750, respectively. The points for a speeding in a work zone remain the same, however.
Second, two convictions for speeding in a work zone within 18 months will result in an automatic loss of your driving privileges. For regular speeding offenses, the automatic revocation does not get triggered until you have three speeding convictions within the same time period.
Further, in some upstate courts, the prosecutor and/or judge take hardline attitudes towards violations in a work zone. Specifically, some courts refuse to plea bargain speed in work zone tickets. Others will plea bargain but only by reducing a work zone speeding charge to a regular speeding charge. This saves the motorist some money but the points remain the same, clearly not a great deal.
Finally, while rare, up to 15 days of imprisonment can be ordered for a speeding conviction of 11+ mph. In a work zone, the maximum imprisonment period is 30 days.
Next time, you see bright orange signs warning of a work zone, check your speed. The consequences can be quite severe and, of course, safety dictates slowing down.
I will be pleading not guilty to a speeding violation in a work zone in Orange County. The Ticket if for 31 over speed limit (45-76). No way was I going 76 MPH and not aware I was in a work zone, I have a conference scheduled for June 2019. Do I go it alone? What are fees for a lawyer?
If you retain a lawyer, you will NOT have to appear. Our law firm charge a flat fee of $500 to handle such tickets.
I spoke with the DMV and was advised that 2nd conviction in a work zone on your record will result in a suspension, regardless of how long the first conviction was.
Is this accurate?
No, I believe that such a suspension is only if the work zone speeding convictions occur within 18 months of each other.
Could you please recommend a traffic lawyer in upstate NY?
We can help with any traffic court in New York State (including upstate). We recommend that you plead not guilty and fight this ticket. If you do, you may be able to save NY points, and avoid an insurance rate increase (assuming you have an otherwise clean record).
We’ll send you an email separately to answer any of your questions and explain the process.
I appreciate your blog very much. Can you recommend a a good traffic lawyer in upstate NY? I recently received 2 tickets one in Onondaga Co and one in Jefferson Co.
Thank you for your kind remarks. We regularly appear at both counties so I’ll email you separately to provide a free consultation.