Construction zone sign

Construction Zone Violations: Increased Penalties and Legal Defenses

Driving through construction zones requires extra caution and attention to keep workers, other drivers, and yourself safe. New York State takes construction zone violations seriously, imposing hefty fines and penalties for those who disregard traffic laws in these areas. If you’ve been ticketed for a construction zone violation, understanding the increased penalties and potential legal defenses can help you make wise decisions about your case.

Penalties for Construction Zone Violations

New York State traffic fines for speeding and other moving violations in construction zones are higher than those for regular speeding and moving violation tickets. These increased penalties apply when:

  • Construction workers are present
  • Signs indicating a construction zone are posted

For example, if you’re caught speeding one to ten mph over the limit in a construction zone, you may face a fine of $90 to $150. If you’re caught speeding at 11-30 mph over the limit, your fine could range from $180 to $300. If you’re driving more than 31 mph over the limit, your fines will be between $360 and $600.

In addition to significant fines, construction zone violations can also result in:

  • Points on your license
  • Increased insurance premiums
  • Surcharges
  • Potential license suspension or revocation for repeated or severe violations

Move Over Law in Construction Zones

New York’s “Move Over” law means drivers approaching tow trucks, emergency vehicles, and construction vehicles with flashing lights must slow down and move over. If they don’t, they can be ticketed and receive significant fines and points on your license.

In construction zones, the Move Over law applies to vehicles with flashing lights, including:

  • Construction trucks
  • Maintenance vehicles
  • Utility vehicles

Violating the Move Over law in a construction zone can result in fines of up to $400 and three points on your license.

Legal Defenses for Construction Zone Violations

While construction zone violations carry serious consequences, legal defenses may be available depending on your case’s circumstances. Some potential defenses include:

Inadequate Signage

For increased penalties to apply, construction zones must have proper signage indicating the reduced speed limit and the presence of workers. You might have grounds to challenge your ticket if signs were missing, obscured, or inadequate.

Lack of Workers Present

Doubled fines only apply when construction workers are present in the zone. If you can prove that no workers were present at the time of your alleged violation, you may be able to have your ticket reduced to a standard moving violation.

Equipment Malfunction

If you were ticketed based on a radar or laser reading, challenging the accuracy of the equipment or the officer’s training in using it may be a viable defense strategy.

Necessity Defense

In rare cases, you may argue that you had to violate traffic laws in the construction zone to avoid greater harm, such as swerving to avoid a collision or debris in the road.

Consult with The New York Traffic Ticket Lawyers

Navigating the legal system and defending against a construction zone violation can be challenging without the help of an experienced traffic ticket attorney. At The New York Traffic Ticket Lawyers, our team of former prosecutors and skilled litigators has the knowledge and experience to fight for the best possible outcome in your case.

Don’t let a construction zone violation threaten your driving privileges and financial well-being. Contact The New York Traffic Ticket Lawyers today for a free consultation. Let us use our experience and skills to help you achieve the best possible resolution for your construction zone ticket.

David Hammond, Esq. is a traffic offense lawyer and prosecutor that has over a decade of experience fighting for the rights of service members and their families. He served nine years and went on two combat tours as an active duty US Army officer. He then joined the Reserves and moved to Syracuse to be near his family. Not only does he defend the rights of Central New Yorkers, but he also has a veteran-focused practice. David represents servicemen and women before the military appellate courts and takes cases to fix service members’ military records. If you have any questions about this article, you can contact David by clicking here.