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  1. #1
    Join Date
    Sep 2009
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    2

    Default Speeding in Construction Zone (Work was Finished for the Night)

    This is for the state of Michigan.

    Late last night, around 12:35 I was clocked driving 54 in a 35mph construction zone. The particularly construction zone has not had work done on it for a approx. a week now. The ticket also occurred at night - where absolutely no workers were present (they are hardly present in the day.)

    I was also "warned" for driving after hours on a graduated license.

    The ticket was written for 50 in a 35, 5 mph lower.

    My question is mostly, as the construction in the zone was finished and it occurred at a time of night where no workers would be present, would this be worth fighting?

    More importantly, if I did, would the judge be able to also charge me for the driving curfew violation instead of just a warning by the officer? I am aware they could charge me for the 4 mph more I was over.

    edit:

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Speeding in Construction Zone (Work was Finished for the Night)

    They cannot charge you in court with violating the curfew now ...

    Is construction zones a double fine in MI?

    You'll need to examine if workers need to be present (google scholar website may help) .. for a double fine or the construction speed limit is applicable.

    Also check out the signage to insure its posted properly. Take pics & vids if possible...may be signs are not posted correctly.

    Then you have your other speeding (speed measurement) arguments to examine.

    Lotsa work ahead for you in this case.

  3. #3
    Join Date
    Feb 2010
    Posts
    616

    Default Re: Speeding in Construction Zone (Work was Finished for the Night)

    Was the work zone properly posted?

    Work zone begin and end?
    Speed limit signs properly posted?

    You can find a lot of info searching the michigan state law website....

    Section 257.627
    9) A person operating a vehicle on a highway, when entering and passing through a work zone described in section 79d(a) where a normal lane or part of the lane of traffic has been closed due to highway construction, maintenance, or surveying activities, shall not exceed a speed of 45 miles per hour unless a different speed limit is determined for that work zone by the state transportation department, a county road commission, or a local authority, based on accepted engineering practice. The state transportation department, a county road commission, or a local authority shall post speed limit signs in each work zone described in section 79d(a) that indicate the speed limit in that work zone and shall identify that work zone with any other traffic control devices necessary to conform to the Michigan manual of uniform traffic control devices. A person shall not exceed a speed limit established under this section or a speed limit established under section 628 or 629.

    (10) Subject to subsections (1) and (2)(c), speed limits established pursuant to this section are not valid unless properly posted. In the absence of a properly posted sign, the speed limit in effect shall be the general speed limit pursuant to section 628(1).
    Nothing about workers being there.

    If the state transportation department, local commission or local authority had ended the 'official work zone period' some time before your ticket, then it should not apply....

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speeding in Construction Zone (Work was Finished for the Night)

    Here is my interpretation....
    Quote Quoting Zom
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    My question is mostly, as the construction in the zone was finished
    As long as such a zone is posted with (quoting 257.627 that Adam cited) speed limit signs in each work zone described in section 79d(a) that indicate the speed limit in that work zone and shall identify that work zone with any other traffic control devices necessary to conform to the Michigan manual of uniform traffic control devices then, you as a driver, shall not exceed a speed limit established under this section or a speed limit established under section 628 or 629.

    It has nothing to do with whether you think they were finished a week earlier or not.
    Quote Quoting Zom
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    it occurred at a time of night where no workers would be present
    There is nothing in the statute that indicates that workers need to be present at the time of the alleged violation for the work zone speed limit to be in effect. Only that the speed limit and work zone signed are properly posted.

    Quote Quoting Zom
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    More importantly, if I did, would the judge be able to also charge me for the driving curfew violation instead of just a warning by the officer? I am aware they could charge me for the 4 mph more I was over.
    If the "warning" and the 4mph roadside break the officer offered you were made by the officer in the form of notations on the citation, then there is a chance that the judge will become aware of you driving outside of the restriction and it may impact the possibility of you getting a break on the penalty imposed by the judge for the speeding offense.

    As for charging you for driving during curfew, typically, a judge cannot add or amend the charges against you. That would either be a function of the prosecutor (to initiate an additional charge) or the officer (to issue another citation). Highly unlikely that it will happen but that does not mean that it can't.

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