Construction Zone Speeding Ticket DefenseBrett Haworth
Today, I want to talk to you about construction zones.
Our first responsibility as motorcyclists is to operate our motorcycles within the posted speed limit in a safe and responsible manner. This is especially important in construction zones, where you’re likely to deal with uneven surfaces, changing traffic patterns, moving equipment, and, of course, construction workers.
What If You Get A Speeding Ticket In A Construction Zone?
However, you and I both have found ourselves in inactive construction zones. Then, the flow of traffic starts moving a little too quickly, and suddenly we find ourselves in a speed trap and a police officer catches us going above the modified posted speed limit.
What You Should Know About Indiana Law
Here’s a little fact about Indiana law regarding tickets issued in construction zones: the prosecutor, in prosecuting a speeding ticket, is required to prove the speed limit for the zone in which the ticket was issued.
Typically, he does that by pointing out a statute that dictates what the speed limit is for that type of road. But those statutes don’t work in construction zones that have reduced speed limits.
The Prosecutor Needs Proof
The prosecutor is required to prove what that reduced speed limit is. And the only way he can do that is by producing in court a certified copy of the executive order from the Department of Transportation modifying that speed limit.
If the prosecutor does not have the order from the Department of Transportation in a certified record showing that the speed limit has been lawfully reduced from the statutory speed limit, the prosecutor cannot prove his case.
The police officer cannot sit on the witness stand and say, “But the posted speed limit at the construction zone is 45 miles an hour.” That doesn’t prove what the lawful speed limit is in that construction zone.
What If The Prosecutor Doesn’t Have That Certified Document?
The prosecutor has to have that certified document. If he doesn’t have it, and you tell the judge that the case needs to be dismissed because of the absence of the certified record, the judge is supposed to dismiss the charge for the failure of proof.
A lot of times, the prosecutor doesn’t have that document because a lot of times, Indiana motorists aren’t aware of this requirement, so people never raise this argument. Most lawyers know better, some don’t, but now, you do. Know your rights, know the law, be an educated and informed motorcyclist. It will make you a better biker and make all of us better for it.
If you have any questions or you need anything, you can always reach out to me and I’ll get on the phone with you and do what we can.