Construction Zone Speeding Alleges More than Simply Speeding

Construction Zone Speeding Alleges More than Simply Speeding

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.

Lake County Construction Zone Speeding Tickets Almost Always are Based on a Reduced Speed Limit

Lake County Construction Zone Speeding Tickets Almost Always are Based on a Reduced Speed Limit

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).

Lake County Construction Zone Speeding Tickets Carry Minimum Fines

Lake County Construction Zone Speeding Tickets Carry Minimum Fines

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 a court appearance. 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.

HoffmanLaw Will Pursue an Effective Resolution of Your Lake County Construction Zone Speeding Ticket

HoffmanLaw Will Pursue an Effective Resolution of Your Lake County Construction Zone Speeding Ticket

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 traffic courts in Mundelein, Park City, Round Lake Beach and Waukegan.

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.

Your Lake County speeding in a construction or maintenance zone ticket does not have to automatically ruin your driving record. If you are charged with this offense, you are presumed innocent of the violation and you have the right to a trial.

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

Lake County Aggravated Speeding in a Construction Zone Lawyer

Lake County Aggravated Speeding in a Construction Zone Lawyer

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. It is called "aggravated" speeding in a construction zone.

When Alleging Speeding 26 or More Miles Per Hour Over the Speed Limit, Construction Zone Speeding Becomes an "Aggravated"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 aggravated 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.

Like regular construction zone speeding tickets, aggravated construction zone speeding tickets require a court appearane.

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Court Supervision is not Allowed for Aggravated Speeding in a Construction Zone

Court Supervision is not Allowed for Aggravated Speeding in a Construction Zone

In addition to a potential high fine and jail time, there is something else that is very different about an Illinois aggravated 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 construction zone speeding case, thereby avoiding a conviction for the charge, a disposition of "court supervision" is not authorized and is impermissible for an aggravated 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. Additionally, 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 aggravated 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).

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

HoffmanLaw Defends Aggravated Construction Zone Speeding Tickets: We Can Attempt to Negotiate or Fight Your Case through Trial

HoffmanLaw Defends Aggravated Construction Zone Speeding Tickets: We Can Attempt to Negotiate or Fight Your Case through Trial

I defend clients against aggravated construction zone speeding tickets in Lake County, Illinois traffic court. I have for many years.

I understand the issues in your aggravated 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 an aggravated 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 as a defense attorney, trial lawyer and courtroom legal advocate 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-five 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.