Speeding in a Construction Zone

When you are driving your vehicle in a construction zone, it is very important to follow the construction zone speed limits. Illinois law prohibits a driver:

1. Driving in a construction zone at a speed greater than the posted limit when construction workers are present; and

2. Driving in a construction zone at a speed greater than the posted limited when construction workers are not present. 

Police officers are allowed to use speed-checking devices to monitor speed by the construction zone (within 500 feet of signs) and any evidence gathered through this mechanism can be used in Court against the driver. Photo enforced traffic control systems can be used in Court against the driver, but there are certain compliance standards that need to be met in establishing these systems. You may have a defense to your ticker if certain regulations were not complied with. 

The important question is, what is considered a “construction speed zone”? The construction speed zone will be an area where the appropriate authority (such as the Toll Highway Authority) has posted signs indicating that the driver is approaching active construction or has posted a lower speed limit sign within the zone. So, you will know if you are in a construction speed zone because you will see signs either informing you to lower the speed or that construction is nearby. These signs are important as it is meant to protect both the driver and the workers present. There may also be construction equipment at the site such as barricaded that can be dangerous to the driver if not driving the vehicle within the speed limit. 

If you are fined with speeding in a construction zone, you will be looking at fines and penalties. The first conviction is a minimum fine of $250.00. The second and all subsequent convictions have a minimum fine of $750.00. However, you will have your driver’s license suspended for 90 days if you speed in a construction zone twice in a two-year period when there were workers present. 

However, the penalties are more severe if you are cited with aggravated speeding in a construction zone. The following is considered aggravated speeding in a construction zone:

1. Speeding 26-34 mph over the speed limit while driving through a construction zone. This offense is a Class B misdemeanor.

2. Speeding 35 mph or over the speed limit while driving through a construction zone. This offense is a Class A misdemeanor. 

Construction zone speeding tickets are must appear tickets, meaning you must appear in Court. If you have been cited with this ticket, contact our law firm to discuss your ticket. If you just pay your fine and take a conviction, points will be assessed against your driving record. You may have defenses to your ticket that you did not know about. For instance, the construction zone may not have been properly marked or your speed was incorrectly recorded. If you were speeding in a construction zone, the fact that workers were not present is certainly a favorable fact that can be presented to the prosecutor for a more, favorable outcome.