Speeding in a Work Zone

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Speeding in a work zone is a charge that will cost you more than your average ticket.  Getting caught driving above the speed limit in a work zone will result in a variety of different penalties that you might potentially suffer. You will most likely also face a drastic increase in your auto insurance premium.
Speeding in a construction zone falls under Article 30 section 1180 (f) of New York State Traffic Law.  Remember the penalties of a VTL 1180 (f) are not your average fines that you might receive for speeding in a regular area.   You might have noticed on certain road signs in New York State that speeding in the work zones will result in the fines being doubled.

Why Do Work Zone Violations Carry Stiffer Penalties? 

Workers on the side of the road that help fix roads, bridges and barriers are left in a very dangerous position on the side of the road.  Strictly obeying the speed limit within the work area (which is generally slower than other areas on the highway) can help keep workers safe.

According to the laws of New York State a “work zone” is any location on a roadway being utilized for roadwork in which workers, work vehicles, equipment, supplies or other barriers are located.  It is also important to note that the absence of construction work does not mean that the area is no longer considered a work zone.  We often hear from drivers who are ticketed in a work zone in middle of the night when there are no workers present but that makes no difference in the eyes of the law.

Statistics have demonstrated that increased speeds in work zones have lead to significant deaths among construction workers and the drivers themselves.  Slower speeds help facilitate a safer flow of traffic that could prevent the potential mishaps that result from lane changes and reductions in this environment.  
 

What Are the Fines and Penalties for a Work Zone Speeding Ticket?

Driving 1 to 10 miles per hour over the posted speed limit will result in 3 points. 11 to 20 miles per hour over the speed limit posted in a work zone will result in 4 points.  The minimum fines will double that of a normal speeding violation.  Receiving a second work zone related speed ticket within 18 months of the first will result in you having your license suspended.  Driving 21 miles or more over the posted limit will result in a 6 point ticket and also require you to pay the NYS Driver Responsibility Assessment as well, only adding to the amount of fines that you will be required to pay.

Contacting an experienced attorney can prove beneficial to you and potentially help you avoid steep fines or penalties that result from work zone related speeding tickets.  If you received a New York Traffic ticket for speeding in a work zone, contact the attorneys at Rosenblum Law: 888-434-0406.

80 thoughts on “Speeding in a Work Zone”

  1. I have a question please. Today I got caught speeding in a work zone 73 mph in a 45 mph (+28) work zone, regularly a 65 speed limit on I87 Exit 4. The court I was assigned is Town of Colonie Traffic Court. What is the fine and points I will be charged. Should I plead guilt or argue in the court with the following points in the court to reduce my fine:
    1. At that time, there is no worker in this zone and the road work seems already finished.
    2. I have a habit to check my speed whenever I saw a police car. Today I read the speed is between 60 and 65 right before the police follow me.

    thanks

    Leo Wu

    1. Hello Leo and thank you for your inquiry. Please be advised that driving in excess of 28 miles over the limit carries a maximum 6 point penalty and a maximum fine of $300 with $93 court fees. Since you were charged in a work zone, fines are doubled so you will be responsible for a maximum fine of $600. Additionally, you will be charged with the NY imposed Driver’s Responsibility Assessment Fee of $300 for accumulating 6 or more points on your license. The points you raise in your defense will likely not demonstrate that the Officer failed to meet their burden of proof against you. We suggest contesting the ticket with an attorney in order to attempt to mitigate the likely impact on your insurance, avoid the DRA Fee, and the points on your license.

  2. I was issued a ticket in NYS for speeding in a posted work zone. He reported I was going 60 in a 45 in violation of 1180F. The place of occurrence was on the I-90 E in the Town of West Seneca. I have a clean driving record; there are no points on my NYS license. I admit, I was not looking at my speedometer at the time of the incident, so I can not be sure what my speed actually was. I was on my way to a job interview and was preoccupied with my thoughts relative to that. If I plea not guilty, Court will take place in the town of West Seneca, State of New York. I have read through the comments and am sick with what may happen. Can you please advise on how you think I should proceed? Thank you.

    1. Megan, thank you for your inquiry. We generally suggest contesting work zone violations, as there are increased fines, and likely increases to the impacts on your insurance rates.

  3. Hello,

    The cop said I was going 65 in the 45 mph work zone in Buffalo (I don’t think I was going that fast). He also tried to pull me over by standing outside his car and waving at me from the side of the road.

    After he got in his car and pulled me over, he wrote me up as going only 55 and encouraged me to plead not guilty (which I did). I was not aware it was a 45 mph as every other work zone on the interstate is 55mph (this is the speed I was aiming for). He pulled me over immediately after entering the zone after the tolls. I had just recognized it was a work zone and started slowing down to what I assumed was 55 mph.

    I am not sure how to address this in court or what my best option is. I am trying to get any type of reduction that I can as I am young and have never received a speeding ticket before.

    Thank you!

    1. Jordan, thank you for your inquiry. We recommend you give us a call so we can get more specific information from the ticket that will help us provide you with the best course of action to take to fight it.

  4. Last Thursday, 6/6, received a speeding ticket in work zone. I am from PA traveling thru NY on way to R.I. for vacation.

    Ticket reads “defendant observed vehicle on I-287E the City of Rye in a work zone area at 55 MPH in a posted 35 MPH work zone. Visual est 64 Radar confirmation. 55

    It also says in which I substantially stated “l saw it but I thought it was for getting off . About 55.”

    Wondering how much ticket will cost and if there is a way to avoid points and insurance notification as I have a clean driving record. I did not realize I was in a work zone . This happened at a split for 95N & S. I was in a wrong lane and when I switched lanes I then saw the 35mph sign, the radar sign showed 41 (a passenger confirmed), and the officer was right under the signs.

    1. Angela, thank you for your inquiry. We recommend you give us a call so we can get more specific information from the ticket to provide you with the best course of action to take in regards to this matter.

  5. Hi,

    Was unfortunate enough to be in the state of New York for a couple of days last month.

    Got a ticket for speeding in work zone. Ticket states speed of 69 in a 45.

    Formerly a NYS resident but now a resident of South Carolina with SC license.

    It would be difficult for me to make a court appearance. Would like to pay fine and close this out.

    Am wondering what the fine would be and if points would be assessed to my South Carolina license.

    Also, what are the implications for driving in New York State going forward assuming I plead guilty and paid fine?

    Thanks for your help.

    1. Hello Nicholas,
      The fine for this 6 point ticket is approximately $693, along with a $300 assessment fee. Additionally, this offense will likely have a substantial impact onto your insurance rates.

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