Speeding in a Construction Zone

The traffic attorneys at The Davis Law Group, P.C. handle a variety of speeding offenses including tickets issued for speeding in a construction zone throughout Illinois.

Under Illinois law (625 ILCS 5/11-605.1), you are prohibited from traveling in a posted construction or maintenance zone in excess of the posted speed limit. A designated construction or maintenance zone must be authorized by the governmental agency having jurisdiction or authority over it. The zone must have signage advising drivers that they are approaching a construction zone or maintenance zone, which provides the maximum speed limit and the applicable fine if a violation occurs.

The law regarding speeding in a construction zone applies regardless of whether workers are present at the time the speeding violation occurs. Although this may be counter-intuitive, the law is not only meant to protect workers, but also motorists. Construction zones may still have other hazards such as construction equipment that was left on site, narrow lanes, lane shifts and barriers. Illinois State Police statistics indicate that 90% of the people that are injured or die in construction zones are those passing through the zones rather than workers.

However, the fact that workers were not present is certainly a factor that your traffic lawyer would want to bring to the attention of the Judge and prosecutor and may lead to a more favorable outcome in court.

There are enhanced penalties for speeding in a construction zone. A first violation of this law is a petty offense with a minimum fine of $250.00 and a maximum fine of $1,000.00. A second or subsequent violation is a petty offense with a minimum fine of $750.00.

A second or subsequent violation within two years of the date of the first violation will result in a 90-day suspension of the offender’s driver’s license by the Illinois Secretary of State. However, this penalty is only imposed if at least one of the prior violations occurred while workers were present in the construction zone or maintenance zone at the time of the offense.

Under Illinois law, a driver traveling in excess of 26 miles per hour but less than 35 miles per hour in a construction or maintenance speed zone is guilty of the offense of ‘aggravated special speed limit while traveling through a highway construction or maintenance speed zone’, which is a Class B misdemeanor. A Class B Misdemeanor is a criminal offense, punishable by up to 6-months in jail and a fine of $1,500.00 plus mandatory fees and court costs.

A driver traveling 35 miles per hour or more in a construction or maintenance speed zone is guilty of ‘aggravated special speed limit while traveling through a highway construction or maintenance speed zone’, which is a Class A misdemeanor. A Class A misdemeanor is a criminal offense, punishable by up to one year in jail and a fine of $2,500.00 plus mandatory fees and court costs.

Automated traffic control systems (photo enforced) are now present in many construction and maintenance speed zones throughout Illinois. Tickets issued by these systems are sent by mail and include a photograph of the driver. The State must follow specific requirements in establishing these zones, use of the photo equipment and the issuance of these violations. An experienced traffic attorney may be able to defend you against the ticket based on these legal requirements.

Because tickets for speeding in a construction zone can be costly and ultimately result in a driver’s license suspension, hiring an Illinois traffic attorney is highly recommended. Contact the lawyers at The Davis Law Group, P.C. if you have received a construction zone traffic ticket. We defend clients throughout Illinois including Cook County, Lake County and DuPage County. Contact our speeding ticket attorneys today to discuss your case.