Speeding in a Construction Zone

ILLINOIS SPEEDING VIOLATIONS THAT COULD SUSPEND/REVOKE YOUR DRIVING PRIVILEGES – PEORIA LAWYERS WHO PROTECT YOUR INTERESTS, LIVELIHOOD, AND ABILITY TO DRIVE A MOTOR VEHICLE.

 Speeding in a construction zone (625 ILCS 5/11-605.1)image

If you are ticketed with speeding in a construction zone in Illinois, you may need an attorney to defend your case. Speeding in a construction zone is a petty offense, punishable by up to a $1000 fine, and a minimum fine of $250 for a first offense, a minimum fine of $750 for a second or subsequent offense, plus a $125 “hire-back fund” assessment. Court appearances are mandatory for speeding in a construction zone tickets, and court costs will be assessed in addition to the fine and assessment. These court costs vary from county to county.

Police may issue speeding in a construction zone tickets regardless of whether or not workers are present in the construction zone, so long as the construction zone has the correct signage establishing it. To be properly signed, the construction zone must have signs which indicate the maximum speed limit in the zone as well as the minimum fine that can be assessed for a violation of that limit. Additionally, there must be signage in place indicating to motorists that a construction speed limit zone is approaching. Unlike many other speeding tickets, officers may use their radar or lidar equipment within 500 feet of the maximum speed limit signs, and the result is admissible in court.

Speeding in a construction zone tickets are eligible for court supervision under the law, which will prevent the ticket from being placed on your driving record as a conviction. This can have beneficial effects for both your driver’s license and insurance premiums. However, many State’s Attorneys are hesitant to offer court supervision on these offenses, and a traffic attorney is essential to argue on your behalf and convince the State’s Attorney that court supervision is warranted in your case. If you want to plead not guilty to the ticket and have a trial, an experienced traffic attorney is necessary to navigate the Court’s rules of evidence and ensure the prosecution meets its burden of proof beyond a reasonable doubt.

In addition to a higher fine for a second or subsequent offense, if that offense occurs within two years of the previous violation, the Office of the Secretary of State is required to suspend your driving privileges for a period of 90 days. This suspension can occur regardless of whether or not you received court supervision on your previous construction zone speeding ticket. However, in order for this suspension to take place, the State must show that the current violation and at least one previous violation occurred at a time when workers were present in the construction zone. An experienced traffic attorney can assure that this rule is followed and a suspension of your driving privileges does not occur if this requirement is not met by the State. Otherwise, the Secretary of State may overlook this requirement and issue a suspension even when it is not valid under the law.

A conviction for speeding in a construction zone is an expensive violation and can have serious ramifications for your driver’s license and the cost of your auto insurance. if you have been ticketed for speeding in a construction zone, contact the attorneys at Hall, Rustom & Fritz for a consultation on your case.

If you have been ticketed with Speeding in a Construction Zone, contact the attorney’s at Hall, Rustom & Fritz for a consultation on your case.

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 Below is the precise statute published in the Illinois Compiled Statutes. If you are cited for this violation, email Jeff Hall at jhall@hallrustomfritz.com.

(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 when workers are present.

(a-5) 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 when workers are not present.

 (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 posted signage advising drivers that a construction or maintenance speed zone is being approached, or in which the Department, Authority, or local agency has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign after determining 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.

 If it is determined that the preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional speed limit signs which conform to the requirements of this subsection (c) shall be posted.

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. This suspension shall only be imposed if the current violation of this Section and at least one prior violation of this Section occurred during a period when workers were present in the construction or maintenance zone.

 

(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)

 

If you are charged with speeding in a construction zone, you will want to contact an experienced traffic attorney to represent you. Attorney Jeff Hall is a former chief traffic prosecutor in Central Illinois and he can assist you. Email Jeff at jhall@hallrustomfritz.com.