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 attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-376-0214.