Speeding in a Work Zone

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While driving over the speed limit increases the risk of accidents, doing so in a work zone is significantly more dangerous, since construction workers on the side of the road are particularly vulnerable to serious injury (or worse). In fact, there have been many tragedies caused by speeding in work zones. In 2018 alone, there were 701 of these accidents, resulting in hundreds of injuries.  It is for this reason that the New York legislature has made speeding in a work zone a more serious offense than regular speeding.

Have you received a ticket for speeding in a work zone in NYC or anywhere throughout New York State? Our traffic attorneys have extensive experience fighting work zone speeding tickets and they are ready to give you free advice on your available options. Call us at 212-683-7373, or fill out our online form today!

What is Considered a Work Zone?

Vehicle And Traffic Law Section 161 defines “work area” as a part of a highway that is being used or occupied for the conduct of highway work, within which workers, vehicles, equipment, materials, supplies, excavations, or other obstructions are present. Critically, this definition applies even if you are driving through it during off-hours, late at night, or when you do not see any work being done.  Police officers are generally less likely to provide much grace when enforcing work zone speed limits.

New York State Speeding in a Work Zone Law

The New York Vehicle and Traffic Law Section 1180(f) establishes that no person shall drive through a highway construction or maintenance work area at a speed in excess of what is posted in the work area — and that the speed limit may be less than the normally posted speed limits. That said, the statute also states that the posted speed limit in a work area should not be less than 25 mph.

The statute reads in relevant part:  “(f) *** no person shall drive a vehicle through a highway construction or maintenance work area at a speed in excess of the posted work area speed limit. The agency having jurisdiction over the affected street or highway may establish work area speed limits which are less than the normally posted speed limits; provided, however, that such normally posted speed limit may exceed the work area speed limit by no more than twenty miles per hour; and provided further that no such work area speed limit may be established at less than twenty-five miles per hour.

While you are always exposed to getting a speeding ticket for driving in excess of the posted limit, doing so during a work zone means the ticket amount will be doubled. You may also face jail time. While unusual, New York law does allow for a person who was speeding in a work zone more than 10 mph to be imprisoned for up to 30 days, in addition to the imposed fines.

Speeding Ticket Costs in New York

The costs of a speeding ticket in the state of New York depends on how fast you were driving in relation to the posted speed limit:

 

1 mph to 10 mph over the speed limit  $90 – $150
11 mph to 30 mph over the speed limit $180 – $300
31+ mph over the speed limit $360 – 600

 

If you have had six or more points assessed against your driving record within the past 18 months, you will also have to pay additional money due to the Driver Responsibility Assessment Fee. Finally, a work zone speeding ticket could result in your insurance rates being increased for 36 months.

Points Associated with Speeding Zone Infractions

Just as with the cost of the ticket, how many points will be assessed against your driving record for speeding in a work zone will depend on how fast you were driving. However, surprisingly, the points are not increased with work zone speeding tickets.

 

1 mph to 10 mph over the speed limit 3 points
11 mph to 20 mph over the speed limit 4 points
21 mph to 30 mph over the speed limit 6 points
31 mph to 40 mph over the speed limit 8 points
41+ mph over the speed limit 11 points

 

It is important to note that if you receive 11 or more points within an 18 month period, you will face a driver’s license suspension. And if you get convicted of two or more speeding violations in work zones, your driving privileges will be suspended for 60 days. A third conviction within 18 months means having your driving privileges revoked altogether.

How To Fight a Speeding in a Work Zone Ticket

There are different reasons for fighting a speeding ticket. This may include when there was no adequate signage in the work zone area, that you were outside of it when caught, or if you have any evidence to the contrary — such as dashcam footage, surveillance video from nearby businesses, or witness testimony.

Having an experienced traffic ticket attorney by your side is essential to fight a speeding ticket since a good lawyer will know how to ask the right questions, including whether the police officer’s radar was properly calibrated or call into question a police officer’s visual estimation of your speed. As long as your lawyer can cast doubt into the correctness of the ticket, you may be able to get the case dismissed or the ticket reduced.

This can be an uphill battle if you were pulled over in New York City since the case will be heard at the Traffic Violations Bureau (TVB) instead of in court. At the TVB, there is no plea bargaining and it is harder to fight a ticket because of its unique rules that tend to help police officers.  For instance, their burden of proof is “clear and convincing evidence” instead of “beyond a reasonable doubt”, which is an easier threshold to prove.

A New York Speeding Ticket Attorney Can Help

At Weiss & Associates, PC we provide the best representation you could receive at your hearing. We offer an initial free consultation, flat fees, and experienced traffic lawyers who will show up on your behalf, so you do not have to waste time in court.

We have extensive experience fighting thousands of traffic tickets in New York City and throughout New York state; and we have a skilled team of lawyers who are ready to give you free advice on your available options. Call us at 212-683-7373, or fill out our online form today!

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