There is seemingly always freeway construction in Central California. The
high fines on a construction zone speeding ticket in Mojave or Barstow
are a nasty surprise, but there may be some very effective defenses.
VC 21370 authorizes the state to “regulate the movement of traffic upon any
highway intersecting the project at or near the place of intersection
whenever such work interferes with or endangers the safe movement of traffic
through the work.” That’s an incredibly broad provision. When
it comes to speeding tickets in construction zone, the fine is doubled,
in some cases. This multiplier makes the already outrageous cost of a
speeding ticket downright debilitating.
Defenses to a Construction Zone Speeding Ticket
First, workers must be present at the time of the alleged violation. There
may be some investigation required, because the work schedules in most
construction zones are very erratic. Do not assume that simply because
you got the ticket at night, on a weekend, or even on a holiday that no
workers were there.
Second, there must be proper signage. There are specific regulations as to:
Spacing: Not only must the signs mark the beginning and ending points of the roadwork,
they must give drivers an opportunity to slow down.
Content: Although it is rare, sometime the signs contain the incorrect language
or are otherwise illegal.
This same analysis applies to
school zone tickets. For the enhanced penalties to apply, the nearby school must be in session
at the time. Many private schools are on different schedules than public
schools, and when a thorough attorney presents this argument to the judge
or prosecutor, the ticket often gets thrown out.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.