In the last few years, several deaths involving construction workers have occurred. Approximately 4,500 car crashes happen in construction zones in Illinois every year. In response to these deaths, the Illinois State Legislature has strengthened the driving laws regarding traffic violations occurring in construction zones. In addition, the Illinois State Legislature has strengthened the traffic laws regarding distracted driving and using your cell phone and electronic devices while operating a motor vehicle in Illinois. Scott's Law was enacted to protect emergency personnel stopped by the side of the road requiring motorists to safely pass up emergency vehicles stopped on the side of the road. The increased attention by law enforcement personnel in construction zones has seen a spike in the number of tickets issued for Speeding in a Construction Zone. If you are facing a ticket for Speeding in a Construction Zone, it is important that you hire an attorney that is experienced in handling such cases so you can avoid the drastic consequences that can occur to your license.
What Is a Construction Zone?
In order for the roadway to be considered a construction zone, certain requirements have to be met. The construction zone speed limit has to be clearly posted with black and white signs. The signs must indicate that increased work zone fines will apply if you exceed the posted construction zone speed limit. The roadway must be clearly marked as a work zone and a photo enforced plaque is required. The Illinois Department of Transportation and the Illinois State Toll Highway Authority have established the specific signs that are required in a construction zone. The specific signs can be viewed on the Illinois Department of Transportation website. At one time, flashing signs were present to indicate when workers were present. That requirement has been removed. Instead, flashing lights were removed and a speed limit sign was replaced as a requirement.
Photo enforcement of the speed limit in a construction zone can only operate while workers are present in the construction zone regardless of the time of day. If construction workers are not present in the construction zone, photo enforcement cannot be used in Court. Unless workers were present, photo enforcement cannot be used in Court against you.
In cases involving photo enforcement in a construction zone, vans must be present to warn you that photo enforcement is in place and that a separate radar will communicate your speed for the purposes of issuing a ticket. This has the effect of giving you one last opportunity to slow down before the radar is triggered. If you do not slow down, a photo of your vehicle, the driver, and the license plate will be taken. The photograph will indicate the date and the time that the photograph was taken along with your speed. The vans will be manned by Troopers that are specially trained to operate the photo enforcement equipment and will calibrate the equipment before every enforcement operation to make sure that everything is working correctly.
Do Workers Have to Be Present to Be Ticketed for Speeding in a Construction Zone?
Workers do not have to be present for you to be ticketed for Speeding in a Construction Zone. It is enough for the required speed limit signs and construction zone warnings to be posted in order for you to be ticketed for Speeding in a Construction Zone. The dangers in a construction zone is present even when construction workers are not there. Equipment and barriers are present which create dangers for motorists. Issuing a ticket for Speeding in a Construction Zone when construction workers are not present is more to protect motorists than to protect construction workers. But if prosecutors want to use photographic evidence in court for a Speeding in a Construction Zone ticket to prove that you were speeding in a construction zone, construction workers must have been present in order for them to use the photographic evidence in Court.
What Is the Penalty for Speeding in a Construction Zone?
Speeding in a Construction Zone (625 ILCS 5/11-605.1) is a serious traffic violation. The first offense carries a minimum fine of $375. Since Illinois uses a point system, depending on your driving history, a conviction for Speeding in a Construction Zone may cause your license to be suspended. A second ticket for Speeding in a Construction Zone carries a mandatory minimum fine of $1,000 and a 90-day suspension of your driver's license. If a construction worker is injured while you were speeding in a construction zone, you could be facing serious criminal charges that could land you in jail.
Highly Experienced Lawyer for Your Speeding in a Construction Zone Case to Keep Your License from Being Suspended
James Dimeas has handled hundreds of cases involving Speeding in a Construction Zone. James Dimeas has a thorough understanding of how a Construction Zone has to be set up and marked in order for a charge to stick. Many clients believe that if they are issued a ticket for Speeding in a Construction Zone that all hope is lost. There is always hope. James Dimeas is the hope that you need. James Dimeas has won cases by proving that the work one was not properly marked and that the signs used were not the appropriate signs. James Dimeas recently won a Speeding in a Construction Zone case when he was able to prove that workers were not present when the photograph of the violation was allegedly taken. James Dimeas has won Speeding in Construction Zone cases by proving that the photo enforcement equipment was not properly calibrated, as the statute requires. While most lawyers look to cut a deal in a Speeding in a Construction Zone case, James Dimeas will thoroughly examine the case to find an angle and a technicality to win the case. It's not easy for the prosecutor to prove guilt in a Speeding in a Construction Zone case. Many factors have to be satisfied and most lawyers do not understand the details required to be satisfied in a Speeding in a Construction Zone case.
Award-Winning Speeding in a Construction Zone Lawyer to Avoid a Conviction on Your License
James Dimeas is a nationally-recognized, award-winning, traffic lawyer, with over-28 years of experience handling Speeding in a Construction Zone cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, James Dimeas was named a "Top 100 Criminal Defense Lawyer in the State of Illinois for the Years 2018, 2019, 2020, and 2021" by the American Society of Legal Advocates. James Dimeas was named a "Best DUI Attorney" and a "Best Criminal Defense Lawyer in Chicago" by Expertise. James Dimeas was named a "Top 100 Criminal Defense Trial Lawyer" by the National Trial Lawyers. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois). James Dimeas is rated "Super" by AVVO, 10 out of 10, the highest rating possible for any criminal defense lawyer or traffic lawyer in the United States. The American Institute of Criminal Law Attorneys recognized James Dimeas as a "10 Best Attorney for Client Satisfaction". Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois".
If you are charged with Speeding in a Construction Zone, you can contact James Dimeas anytime for a free and confidential consultation. You can always talk to James Dimeas personally by calling him at 847-807-7405.