Lake County Speeding in a Construction Zone Attorney

A ticket for speeding in a construction zone in Lake County, Illinois can damage your driving record. Not only does this type of traffic ticket state you were speeding, but it also alleges you were speeding in an area where the posted speed limit was in place in order to protect road construction workers.

If you are convicted of speeding in a construction zone, that conviction will be recorded on your Illinois driving record and could become available to your insurance company. Construction zone speeding tickets also carry minimum penalties that do not apply to regular speeding tickets.

My name is Matt Hoffman. I am a former Lake County Assistant State's Attorney and former Lake County traffic court prosecutor. I defend drivers charged with speeding in a construction zone in Lake County, Illinois.

I have more than 22 years' experience handling Lake County construction zone speeding tickets. I represent clients throughout the Lake County traffic court system, including at the courthouses in Mundelein, Park City, Waukegan and Round Lake Beach.

If you choose me as your lawyer to defend you against your Lake County construction zone speeding ticket, it will be my goal to reach an outcome that protects both your driving record and your driving privileges and effectively resolves your case.


The Lake County courts treat your traffic ticket for speeding in a construction or maintenance zone more seriously than a simple petty offense speeding ticket. A number of different factors support why.

A simple speeding ticket alleges that you were driving above the applicable speed limit. Your construction or work zone speeding ticket alleges the same act of speeding, but contains an additional element that you were speeding in a designated construction or maintenance zone.

The existence of this additional element- that allegedly you were speeding in an area that was marked as a construction or work zone- gives rise to minimum penalties and potentially more serious negative consequences for your Illinois driving record.

The Illinois construction zone speeding law states that you cannot drive a vehicle in a "construction or maintenance speed zone" at a speed above the posted speed limit. See, 625 ILCS 5/11-605.1. The law also distinguishes situations when workers are present and when workers are not present. In both situations, however, posted construction zone speed limits apply.

According to this law, a "construction or maintenance speed zone" is defined in several different ways.

One way a "construction or maintenance speed zone" is defined is as an area where a lower speed limit has been posted with a "highway construction or maintenance speed zone special speed limit sign." Most drivers I defend in construction zone speeding cases have been charged pursuant to this portion of the construction zone speeding law.

Another way a "construction or maintenance speed zone" is defined is as a length of roadway where the preexisting established speed limit is left unchanged but the area still is designated such a zone by conforming signs.

A last way a "construction or maintenance speed zone" is defined under Illinois law is as a stretch of road where signs have been posted advising drivers they are approaching such a zone.

Signs must be posted giving you, as a driver, proper warning that you are approaching a construction or maintenance speed zone. Signs also must indicate the maximum speed limit in effect. Signs are required to state the amount of the minimum fine for a violation. See, 625 ILCS 5/11-605.1(c).

If you are charged with the petty offense of speeding in a construction or maintenance zone, as opposed to the misdemeanor version which is discussed below, for a first violation the minimum fine is $250 and can be up to $1000. For a second or subsequent violation, the minimum fine is $750. See, 625 ILCS 5/11-605.1(d).

Additionally, for a second or subsequent violation of this law within 2 years of a prior violation, the Office of the Illinois Secretary of State will suspend your Illinois driver's license for 90 days. See, 625 ILCS 5/6-206(a)(41); (Note that 625 ILCS 5/11-605.1(g) states this suspension will be imposed only if workers were present during the current violation and during at least one prior violation).

Your Lake County speeding in a construction or maintenance zone ticket requires that you appear in court before a judge. Although you may be eligible for a disposition of court supervision in your case, which would keep a conviction from reaching your Illinois driving record, you are not permitted to receive court supervision for speeding in a construction or maintenance zone by requesting supervision by mail.

As a defense lawyer, I have many years of experience representing drivers like you in Lake County construction and work zone speeding ticket matters in the various branch traffic courts in Mundelein, Park City and Round Lake Beach. I understand the specific and different issues you are facing in dealing with your Lake County construction or work zone speeding ticket.

If I defend you in your Lake County construction or work zone speeding case, it will be my goal to reach an effective resolution of your ticket. I will seek to minimize the damages to your driving record and to protect your driving privileges.

Construction Zone Speeding FACTS


lake county misdemeanor construction zone speeding laws

Court Appearance Required

Your Lake County construction zone speeding ticket requires that you appear in front of a judge in traffic court.

Minimum Fines Apply

Construction zone speeding tickets carry a minimum $250 fine for a first offense, a minimum $750 fine for a second offense. Court costs also can apply.

Possible License Suspension

A second speeding in a construction zone violation that occurred within a 2 year period will cause a 90 day Illinois license suspension.

Workers Present or Not

You can be ticketed for construction zone speeding whether or not workers were present in the zone.

Your Lake County speeding in a construction or maintenance zone ticket does not have to automatically ruin your driving record. If I defend you in Lake County traffic court against this type of charge, I will take the facts and circumstances of your case into consideration in developing an effective defense.

I know, fundamentally, that even though you are charged with this offense, you are presumed innocent of the violation and you have the right to a trial.

I have defended many drivers just like you over the years against construction zone speeding charges throughout the entire Lake County traffic court system.

As your attorney, I will question the prosecution's case, endeavor to hear and learn from your side of the story, and closely examine whether the prosecution has the evidence necessary to prove the violation.

The offense of speeding in a construction zone has a number of different elements the prosecution must prove if your case proceeds to trial. If any one of these elements is missing, then you should be found not-guilty of the charge.

Another way to seek to resolve your case is through negotiation with the prosecution. I am a former Lake County traffic court prosecutor myself.

I have accomplished many resolutions in construction zone speeding cases where my clients have benefited from reduced charges and also avoided convictions for any offense.


As your attorney, I will question the prosecution's case, endeavor to hear and learn from your side of the story, and closely examine whether the prosecution has the evidence necessary to prove the violation.

~Attorney Matt Hoffman, the HoffmanLaw Office


So far, I have discussed petty offense Lake County construction zone speeding tickets. As can be seen, such tickets can be problematic: They carry minimum mandatory fines and can damage your Illinois driving record.

In certain situations, Lake County petty offense construction zone speeding tickets can lead to the suspension of your Illinois driver's license or Illinois driving privileges.

There is, however, an even more serious version of a Lake County construction zone speeding ticket. This is the misdemeanor version of this alleged offense.

At 26 Over Construction Zone Speeding Becomes a Misdemeanor Offense

A ticket for speeding 26 or more miles per hour over the speed limit in a construction or maintenance zone is more serious than one alleging speeding 25 over or less.

Speeding 26 or more miles per hour over the speed limit in a construction or maintenance zone is a misdemeanor offense. In misdemeanor cases the potential penalties increase.

The Illinois Vehicle code designates driving 26 or more miles per hour over the speed limit in a construction or maintenance zone an "aggravated" offense. See, 625 ILCS 5/11-605.1(d-5). As a misdemeanor, this type of ticket is a jailable traffic ticket.

There are two levels of misdemeanor speeding in construction or maintenance zone offenses: class B misdemeanors and class A misdemeanors.

Driving between 26 and 34 miles per hour over the speed limit in a construction or maintenance zone is a class B misdemeanor violation. A class B misdemeanor traffic ticket is punishable by up to a $1500 fine and by up to 180 days in jail.

Driving 35 or more miles per hour over the speed limit in a construction or maintenance zone is a class A misdemeanor offense, punishable by up to a $2500 fine and by up to 364 days in jail.

Court Supervision is not Allowed for Misdemeanor Construction Zone Speeding

In addition to a potential high fine and jail time, there is something else that is very different about an Illinois misdemeanor construction zone speeding ticket in comparison to the petty version of this offense.

Whereas a disposition of "court supervision" may be allowable in a petty offense speeding in construction zone case, thereby avoiding a conviction for the charge, a disposition of "court supervision" is not authorized and is impermissible for a misdemeanor construction zone speeding ticket.

This means that a plea of guilty to or a finding of guilty of this type of ticket after trial carries a mandatory conviction. The Illinois Secretary of State records convictions for moving violations on that portion of a driving record that is visible to insurance.

If you are found guilty of misdemeanor speeding in a construction zone, you will not be eligible to receive a disposition of court supervision and a conviction for a misdemeanor offense will result. See, 730 ILCS 5/5-6-1(f).

Your misdemeanor speeding in a construction or maintenance zone ticket is criminal in nature.

I defend clients against serious misdemeanor construction zone speeding tickets in Lake County traffic court. I have for many years.

I understand the issues in your misdemeanor construction zone speeding case. I know the challenges this type of charge presents, particularly in that it is a non-supervisionable, mandatory conviction offense.

In defending you against a misdemeanor construction zone speeding charge, protecting your driving record will be of paramount importance to me; I will push for a positive outcome.

I have a strong and proven track record of obtaining, through tough and intelligent negotiations, results that involve no jail time, lead to reductions of the original charge, and avoid convictions of any kind.

I believe it is my job to closely analyze the charges you are facing and to pursue excellent resolutions of the problems they present.

If a negotiated outcome cannot be reached, I have more than twenty years of Lake County trial court experience to put to work in resolving your case. My time as a former Lake County traffic court prosecutor, and the experience I gained actually prosecuting Lake County traffic cases, benefit my clients immensely.

Building on the presumption of innocence, and on the fact that the prosecution must prove the misdemeanor allegations against you beyond a reasonable doubt, I will work hard, if your case proceeds all the way to trial, to test and refute the prosecution's evidence against you and to beat the prosecution's case.


Building on the presumption of innocence, and on the fact that the prosecution must prove the misdemeanor allegations against you beyond a reasonable doubt, I will work hard, if your case proceeds all the way to trial, to test and refute the prosecution's evidence against you and to beat the prosecution's case.

~Attorney Matt Hoffman, the HoffmanLaw Office


Construction Zone Speeding in Lake County


Seeking Positive Outcomes

Police in Lake County routinely enforce reduced speed limits in construction zones on local roadways. Often in these areas the regular speed limit has been reduced. Drivers are required to proceed at lower speeds than would be allowed if the areas were not under construction. A problem for drivers is that these tickets carry higher than normal fines and can damage their driving records. The HoffmanLaw Office understands these important issues and will work hard to reach a positive outcome of your construction zone speeding case.

lawyer for mundelein lake county work zone speeding tickets workers present


Driving a Vehicle

In a Construction or Maintenance Speed Zone

At a Speed Above the Applicable Speed Limit


attorney analysis of lake county illinois construction zone traffic charges

Analysis.

The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your Lake County construction zone speeding case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.

attorney preparation of lake county construction zone traffic tickets

Preparation.

The HoffmanLaw Office strives to know completely the facts and law of your case. In traffic court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of preparation.

attorney producing effective results lake county traffic court construction and work zone speed violations

Results.

The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best legal advocate at all times.

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Facing a Lake County Illinois Speeding in a Construction or Maintenance Zone Ticket?



Defending Serious Misdemeanor Construction Zone Speeding Tickets in Lake County Illinois Traffic Court


Can I just plead guilty by mail?

If you are charged with a Lake County construction zone speeding ticket, you are required to appear in court before a judge. You are not allowed to resolve your case by pleading guilty and sending in a fine to the Clerk of the Circuit Court by mail. This rule applies whether you are charged with the petty offense or misdemeanor version of speeding in a construction zone. This rule also applies if all you wish to do is pay a fine and "take" a conviction for the charge. You have every right to appear in court, to plead guilty to the charge, and accept the sentence of the court. But the court rules require that you appear in court to resolve your case. If the HoffmanLaw Office defends your case, we will appear in court with you and fight for a good outcome.

Can I get supervision for speeding in a construction zone?

Court supervision is an available disposition in your speeding in a construction or maintenance zone case, if you are charged with a petty offense and if you are not otherwise barred from a supervision sentence. Under the law, court supervision is viewed as a privilege and not a right. An example of a situation in which you would be so-barred would be if you had already received court supervision for moving violations two times within the year preceding the date of the issuance of your construction zone speeding ticket. See, 730 ILCS 5/5-6-1(k). The HoffmanLaw Office has successfully defended many drivers who have found themselves in that situation. If you are charged with misdemeanor speeding in a construction zone, you are not allowed to receive court supervision for that offense.

Are there requirements for construction zone signs?

The Illinois speeding in a construction or maintenance zone law itself contains information regarding the signs that must be posted to alert drivers that they are both approaching and then actually within a construction zone. See, 625 ILCS 5/11-605.1(c). The law calls a "construction or maintenance speed zone" an area where signs have been posted designating the area as such. These signs also must state the applicable speed limit and the minimum fine for a speeding violation within the zone. This law authorizes the Department of the State Police, the Illinois Toll Highway Authority, or local agencies to post these signs. If required signs were missing, that is an issue you should be entitled to raise in court.

Do workers have to be present?

The Illinois speeding in a construction or maintenance zone law does not require that workers were present within the construction or maintenance speed zone when you were ticketed. In fact, the police can charge you with this offense even if no workers were present at all. In the experience of the HoffmanLaw Office, sometimes the police officer who issued you your ticket will notate your ticket "Workers Present." This notation will put the prosecutor and the judge on notice that your ticket was issued when workers allegedly were present in the construction or maintenance zone. Judges and prosecutors may view construction zone speeding tickets that claim workers were present to be more serious than tickets that do not.

Who gets to declare a construction speed zone?

The Illinois Department of the State Police, the Illinois Toll Highway Authority, and "local agencies" have the legal authority to declare and designate an area a construction or maintenance speed zone. See, 625 ILCS 5/11-605.1(c). These entities are permitted to make this designation only after determining that the preexisting speed limit would no longer be safe, or that the preexisting speed limit remains safe but that additional signs should be posted declaring the area a construction or maintenance speed zone. These agencies are fully aware that speeding tickets issued in these zones carry minimum fines of at least $250, plus court costs.

How does HoffmanLaw defend this ticket?

I am an attorney who asks questions. I try to get to the facts. I work to learn from you what happened out on the street on the date and time you were ticketed. I might ask you about what the police officer claimed occurred. I might request to review your driving record, in order to become informed of outcomes we would especially desire to avoid. I examine how your ticket was written, and all of the information alleged on your ticket. I look for any problems that might exist in how your ticket was drafted- problems that could work to your advantage in court. I weigh and present you with different options on how to proceed. As a former prosecutor myself, I anticipate prosecution arguments. I start building counter-arguments to defend your case. And persistently, I advocate for and seek to achieve an excellent result.

Here to Defend You Every Step of the Way


Office Location

25980 North Diamond Lake Road Suite 112

Mundelein Illinois 60060


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