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  • Speeding in Construction Zone

    I have a Question? I was in Naperville speeding West bound on 75th street towards Washington on Labor Day. I got pulled over for doing 52 in a 35. He wrote me for speeding in a construction zone 605.1. There were no workers present since it was the holiday and it was at 10:30 in the morning. Can anyone give me any help when I have to go to court. I have not received any traffic citations since 2004. I've never had to go to court before for any citations before so I'm nervous. Will I get to talk to the Prosecutor before I talk to the judge, will I get a deal, will i get supervision? Any help would be great.
    Last edited by BMW1984; 09-21-2009, 04:13 PM. Reason: Forgot some parts of the story

  • #2
    when I have to go to court
    The date, time, and location will be written on the bottom of the citation.

    Will I get to talk to the Prosecutor before I talk to the judge,
    Usually so.

    will I get a deal
    That depends on the asst state's attorney for that county. Every county is different.

    will i get supervision?
    You might want to request supervision. It could save you suspension time.
    183 FBINA

    Comment


    • #3
      Originally posted by BMW1984 View Post
      I have a Question? I was in Naperville speeding West bound on 75th street towards Washington on Labor Day. I got pulled over for doing 52 in a 35. He wrote me for speeding in a construction zone 605.1. There were no workers present since it was the holiday and it was at 10:30 in the morning. Can anyone give me any help when I have to go to court. I have not received any traffic citations since 2004. I've never had to go to court before for any citations before so I'm nervous. Will I get to talk to the Prosecutor before I talk to the judge, will I get a deal, will i get supervision? Any help would be great.
      FYI.....
      It does not matter if workers are present or not. The construction speed limit is in effect as long as the sign is posted. The law changed a while ago.

      Comment


      • #4
        I think they started putting fine print on the bottom of the construction zone signs saying that if workers aren't present the normal speed applies.

        You might want to go back to where you were caught and look at the signs, you'll most likely have to pull over and walk up to the sign, they intentionally made the print small.

        Comment


        • #5
          Styguy531 is correct. Doesn't matter if workers are present or not. The reason being is in construction zones traffic is often restricted due to reduced lanes, reduced lane size, elimination of shoulders, roadway defects, etc. Even tho workers are not present the construction work is still present.
          Here's the section you were cited. Note the last section.

          (625 ILCS 5/11‑605.1)
          Sec. 11‑605.1. Special limit while traveling through a highway construction or maintenance speed zone.
          (a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit.
          (b) Nothing in this Chapter prohibits the use of electronic speed‑detecting devices within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this Section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.
          (c) As used in this Section, a "construction or maintenance speed zone" is an area in which the Department, Toll Highway Authority, or local agency has determined that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone and has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign.
          Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs also must state the amount of the minimum fine for a violation.
          (d) A first violation of this Section is a petty offense with a minimum fine of $250. A second or subsequent violation of this Section is a petty offense with a minimum fine of $750.
          (e) If a fine for a violation of this Section is $250 or greater, the person who violated this Section shall be charged an additional $125, which shall be deposited into the Transportation Safety Highway Hire‑back Fund in the State treasury, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county's Transportation Safety Highway Hire‑back Fund. In the case of a second or subsequent violation of this Section, if the fine is $750 or greater, the person who violated this Section shall be charged an additional $250, which shall be deposited into the Transportation Safety Highway Hire‑back Fund in the State treasury, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case the $250 shall be deposited into that county's Transportation Safety Highway Hire‑back Fund.
          (e‑5) The Department of State Police and the local county police department have concurrent jurisdiction over any violation of this Section that occurs on an interstate highway.
          (f) The Transportation Safety Highway Hire‑back Fund, which was created by Public Act 92‑619, shall continue to be a special fund in the State treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire‑back Fund to hire off‑duty Department of State Police officers to monitor construction or maintenance zones.
          (f‑5) Each county shall create a Transportation Safety Highway Hire‑back Fund. The county shall use all moneys in its Transportation Safety Highway Hire‑back Fund to hire off‑duty county police officers to monitor construction or maintenance zones in that county on highways other than interstate highways.
          (g) For a second or subsequent violation of this Section within 2 years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.
          183 FBINA

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          • #6
            Your first mistake was speeding in Naperville!

            Comment


            • #7
              No kidding! Naperville is notorious for this. That's all they do is traffic stops. However I was shocked to find out that only like 72% of their stops result in a ticket (In the Sun Times i think sunday). But if they got you dead to rights especially in a construction zone then you will get ticketed badge or not.
              One Shot, One Kill. Anything else is just pu(ff)y!

              Comment


              • #8
                Originally posted by cclawdog View Post
                No kidding! Naperville is notorious for this. That's all they do is traffic stops. However I was shocked to find out that only like 72% of their stops result in a ticket (In the Sun Times i think sunday). But if they got you dead to rights especially in a construction zone then you will get ticketed badge or not.
                I saw that article to in the Times. I was extremely surprised that only 72% end up in tickets. Thought for sure it would be higher with stories I've heard.

                Comment


                • #9
                  Is there any point in getting a lawyer? I know the fine plus court cost is about 650$. More than likely I will have to pay the fine and get court supervision. I don't see any way out of this at all. Don't want to waste more money on a lawyer that can't do anything for me!

                  Comment


                  • #10
                    yeah. How bad do want to keep this off your record
                    One Shot, One Kill. Anything else is just pu(ff)y!

                    Comment


                    • #11
                      Originally posted by BMW1984 View Post
                      Is there any point in getting a lawyer? I know the fine plus court cost is about 650$. More than likely I will have to pay the fine and get court supervision. I don't see any way out of this at all. Don't want to waste more money on a lawyer that can't do anything for me!
                      Got the same ticket a couple of month ago in New Lenox, me and three other guys from work at different times in the day, with the same result of a $600 speeding ticket, so yes dont get a lawyer.

                      Comment


                      • #12
                        Reread ISPCAPT's post. It is more to do than if workers are present or not, or the time of day. There are obvious road condition issues.

                        The best way not to get a Construction Zone Speeding ticket is to not speed in a construction zone...

                        ...or get written one in Cook County

                        Comment


                        • #13
                          I just wanted to add an update to this. The officer put next to the bond info 75$, is that just for the I-Bond or did he screw up and not put the correct amount for the fine.

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                          • #14
                            I just wanted to add an update to this. The officer put next to the bond info 75$, is that just for the I-Bond or did he screw up and not put the correct amount for the fine.
                            That's just the bond amount. A judge will determine the fine.
                            183 FBINA

                            Comment


                            • #15
                              He screwed up. Go to court and challenge it, they'll throw out the ticket

                              Comment

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